The TRAIN Law and The Poor Antonio P. Contreras: BY ON JANUARY 30, 201
The TRAIN Law and The Poor Antonio P. Contreras: BY ON JANUARY 30, 201
The TRAIN Law and The Poor Antonio P. Contreras: BY ON JANUARY 30, 201
https://www.manilatimes.net/train-law-poor/377248/
THERE is no doubt about it. The Tax Reform for Acceleration and Inclusion (TRAIN) Law shifts the tax burden away from income and into consumption.The law reduces the
income tax burden of the earning Filipinos, recalibrating the brackets with the intention of increasing the disposable income after taxes. The theory is that increases in
disposable income can spur consumption. This will not only drive growth, but also generate government revenues where the taxes are now shifted to the consumption of goods
and services.
While the law targets specific goods, such as sweetened beverages and vehicles, it also has increased the taxes for fuel. We know that the latter would lead to increases not only
in transportation costs, but will have an effect in the prices of practically all commodities.
The idea is that whatever is lost in tax revenues from personal income is compensated by the taxes on the purchase of goods and services.
One could argue that the taxes on vehicles would have positive environmental benefits, even as the taxes on sweetened beverages would have positive health benefits. In
addition, one can also argue that taxes on vehicles will only affect the upper classes, and not the poor.
However, the fuel taxes will have an effect that will cut across income classes. And for the poor, this would even be costlier, since their pre-TRAIN levels of earnings, if any, are
not taxed anyway, and hence any change in the tax rates would not have an effect in their disposable incomes. Thus, any increase in prices of transportation fares and
commodities will certainly hit the poorer classes of society harder.
This is precisely why there is a subsidy component to the TRAIN Law, which is going to be implemented by the Department of Social Welfare and Development (DSWD) through
the unconditional cash transfer (UCT) program.
Under UCT, households which qualify will be given a monthly cash grant of P200 in 2018, and P300 in 2019 and 2020. It is estimated that about 10 million Filipino households
and individuals who belong to the poorest sector of the country will benefit from this program.
At the end of the month, the DSWD is scheduled to begin handing out a lumpsum of P2,400 to the qualified beneficiaries. For 2018, a total of P24 billion has been earmarked for
the implementation of the UCT in the 2018 General Appropriations Act. The funds are now deposited with the Land Bank of the Philippines.
The first to receive the cash grant are the 1.8 million household beneficiaries of the Pantawid Pamilyang Pilipino Program (4Ps) with cash cards who will receive these by
tomorrow, January 31. The remaining 2.6 million 4Ps beneficiaries without cash cards will receive theirs at a later date.
Also included in the UCT are the three million indigent senior citizens who are currently also beneficiaries of the DSWD Social Pension Program which is implemented in
partnership with their respective local government units (LGUs). They will receive their cash grants by the end of March 2018.
The remaining 2.6 million households will then be chosen from the DSWD Listahanan, or National Household Targeting System for Poverty Reduction (NHTS-PR). A validation
process will be conducted and is expected to last for three months. DSWD plans to finish the process by May so that the cash grants will be distributed to the qualified
households by the end of June.
Key to the success of this component of the TRAIN Law is the effectiveness and efficacy of its implementation. The DSWD is now in the process of finalizing the implementing
guidelines. Included in the guidelines are the terms of partnerships with Land Bank and other financial institutions. A program management office will be established within the
DSWD to oversee payroll generation, beneficiary validation and the release of the funds to the beneficiaries.
Unlike the 4Ps, which is a conditional cash transfer where the disbursement of the cash grant is contingent on some conditions, such as enrolling children in school, the UCT is an
outright subsidy given by the State to the poor to shelter them from the shock of increasing prices despite unchanging low levels of income which is expected as an effect of
TRAIN.
Outright subsidies are always a double-edged sword. They provide a stopgap measure for families which are adversely affected, hoping that the cash grants will compensate for
the increases in household expenditures due to rising prices of commodities.
However, the strategy of giving a lumpsum of P2,400 to a household, without the rudimentary consciousness to save, could lead to the possibility that the amount may end up
being quickly spent, and hence its effects would not be felt to be spread out over the entire year. Another concern is whether the amount is enough to cover the increases in the
prices of goods. The subsidy appears to be also insensitive to household size, which is in fact a primary factor in determining whether the amount would be sufficient.
The TRAIN law is banking on the economic growth that will be generated by the infrastructures to be built and whose funds will be drawn from the tax revenues, as well as from
foreign development assistance whose release is premised on the approval of the TRAIN law. It is also hoped that the so-called “Build Build Build” initiative will generate demand
for construction-related work.
However, one should also bear in mind that aside from the employment benefits that may result from the infrastructure rush, which could not even accommodate all 10 million
households, there is no assurance that the aggregate growth of the economy resulting from infrastructure development will indeed trickle down to the poor.
Direct subsidies can at best provide quick palliatives. The long-term solution is to invest not only in physical infrastructures, but also in social infrastructures that could transform
the poor from passive recipients of cash grants, into becoming active and viable economic actors.
Leaders of foreign business institutions and Cabinet officials have reiterated their support for the Tax Reform for Acceleration and Inclusion Act (TRAIN) as a key factor in
transforming the country into an investment-led economy that truly benefits the poor and grows a strong middle class. Julian Payne, the president of the Canadian Chamber of
Commerce of the Philippines, said the TRAIN will benefit people with “lower-level incomes” and make the tax system more progressive
“We applaud the administration for taking the initiative and embarking upon this major effort. We definitely support the fact that [TRAIN] will maintain a responsible fiscal
framework that will include funding for the public sector, for fiscal and social infrastructure, which will benefit the poor as well,” said Payne, who represented the Joint Foreign
Chambers of the Philippines (JFC) at one of the earlier hearings of the Senate ways and means committee on the proposed tax reform bill.
The Senate ways and means committee began the deliberations on the TRAIN, which was filed in the chamber by Senate President Aquilino Pimentel III as Senate Bill (SB) No.
1408, last March 22. The Senate began conducting plenary debates on the revised measure, SB 1592, on Nov. 22 and finally approved it with substantial amendments last Nov.
28.
Meanwhile, House Bill (HB) No. 5636, is the TRAIN version approved by the House of Representatives last May 31.
The bicameral conference committee tasked to reconcile the conflicting versions of the House and Senate versions of the TRAIN began its meeting last Dec. 1. It is expected to
wrap up its final report this month.
Finance Secretary Carlos Dominguez III has expressed hopes that the bicameral conference committee could submit its final reconciled version of the TRAIN to Malacanang by
the second week of December so that President Duterte could sign it into law before the Christmas holidays, in time for its publication before the end of the year and its
effectivity by Jan. 1.
Payne said the JFC is also backing “the intended reduction in corporate and personal income taxes in the sense (that it will make us) competitive with our ASEAN neighbors” and
develop a business environment that will encourage foreign investors.
Wayne Bradford, a senior advisor of the International Tax and Investment Center, commended the Department of Finance (DOF) led by Secretary Carlos Dominguez III for its
thorough work on TRAIN, which “is generally consistent with important economic principles that guided most tax reforms worldwide.”
“It aims to lower marginal tax rates for most taxpayers. It broadens the tax base and attempts to simplify the system that is covered in your tax bill Package One,” said Bradford.
He said the Center also fully supports “the DOF’s original (proposed) petroleum tax increases” as well as the fuel marking and other activities that aim to combat oil smuggling.
The TRAIN, which aims to slash personal income taxes and raise additional revenues for the government’s unmatched spending program on infrastructure and human capital
development, has also garnered the support of the local business sector and civil society organizations.
Secretary Ernesto Pernia said at the same hearing that implementing the TRAIN will benefit the economy with “an increase of 1.4 percent” GDP growth per year and generate
1.1 million new jobs as this measure would help support the government’s massive infra program.
“I think that’s going to be a big boost to the economy in general. Also in terms of employment generation, many of these beneficiaries of additional employment will be the
poor,” Pernia said.
https://businessmirror.com.ph/train-law-estate-tax-and-possible-implications/
TRAIN law: Estate tax and possible implications
By Atty. Jose Emilio M. Teves -January 25, 2018
PREVIOUSLY, the National Internal Revenue Code provided a table of rates that the estate of a decedent would pay if the value of the net estate met a certain threshold. To get
the value of the net estate, we would subtract the deductions allowed by law from the gross value of the estate.
For instance, if the net taxable estate’s value was over P10 million, it would pay the amount of P1,215,000 plus an additional rate of 20 percent for the excess of P10 million.
Thus, if the value of net estate is P11 million, the estate shall pay P1,215,000. An additional P200,000 shall be imposed, which is the 20 percent of the excess of P10 million. The total
amount would be P1,415,000.
The Tax Reform for Acceleration and Inclusion (TRAIN) law has simplified the computation of the net estate tax. There is no longer a table or graduated rates. The estate tax is now
fixed at 6 percent of the value of the net estate. So, using the previous example of P11 million, the estate tax shall be P660,000.
The TRAIN law has simplified deductions, as well. Originally, there were two categories of deductions: ordinary and special. These two categories were composed of several other items,
most of which required proof through official receipts and the like. Further, the allowable deductions were subject to limitations that were cumbersome to derive.
Broadly speaking, the TRAIN law provides for three types of deductions.
There is the standard deduction of P5 million. This amount is an increase from the original, which was P1 million. The value of the family home is another deduction, the amount of
which is capped at P10 million. This is another increase. Before the amendment, such deduction was pegged at P1 million. If the value of the family home exceeds P10 million, the excess
would be subject to estate tax. The final deduction shall be the debts of the decedent.
The fact that the P5 million is considered as a standard deduction is a boon for many Filipinos. Since it is a standard deduction, there is no need to substantiate the same with receipts—it
can be automatically claimed.
An interesting situation arises regarding bank deposits of decedents. Originally, the heirs could only withdraw up to P20,000 from the deposits. The TRAIN law has removed that cap,
but the amount withdrawn would be subject to a final withholding tax of 6 percent.
Now, this situation could arise: What if the amount of the net estate tax due, after deductions, was zero or less than the amount subjected to final withholding tax? Such a situation would
be possible and there may not be a tax liability in the first place if the gross estate and deductions are considered. The advanced deduction from the final withholding tax prejudices the
estate of the decedent when it should not. In effect, the withdrawn amount of deposit is taxable by itself, regardless of the net estate of the decedent.
How should this be resolved? The author is of the opinion that, instead of a final withholding tax, it serves the purpose of the TRAIN law better if it is a creditable withholding tax. This
is so that the withheld amount could still be utilized against the tax imposed on the net estate and, perhaps, refunded if there is excess. Such change in treatment, however, would require
an amendment and not a mere implementing regulation.
There are, however, other peculiarities in this final withholding tax approach that may be clarified further through the implementing rules and regulations (IRR). The requirement is to
impose a final withholding tax on the withdrawn amount. Should all withdrawals from a deposit account, where a decedent is the depositor, a joint or a codepositor, be subject to the 6-
percent final withholding tax? In a joint account, for example, the surviving depositor may actually be withdrawing his own share from the joint deposit. Would that still be subject to a
final withholding tax? Also, even in a case where the sole depositor is the decedent, it is possible that the deposit is considered part of the conjugal assets where the surviving spouse
owns a part of it. The withdrawn amount may pertain to the share of the surviving spouse. Would that still be subject to a final withholding tax? While these are not clear in the TRAIN
law, perhaps these instances can be clarified by the IRR, as it may not have been the intention of the law subject to final withholding tax deposits that are not part of a decedent’s estate.
The author is a junior associate of Du-Baladad and Associates Law Offices (BDB Law), a member-firm of WTS Global.
The article is for general information only and is not intended, nor should be construed as a substitute for tax, legal or financial advice on any specific matter. Applicability of this article to any actual or particular tax or
legal issue should be supported therefore by a professional study or advice. If you have any comments or questions concerning the article, you may e-mail the author at josemilio.teves@bdblaw.com.ph, or call 403-
2001 local 150.
With House Bill 5636 or the Tax Reform for Acceleration and Inclusion (TRAIN) well underway at the Senate Committee on Ways and Means, it is crucial to take stock of the
studied and evidence that have been presented to lawmakers, and scrutinize their relevance in light of recent developments.
This includes the two industry-commissioned studies by the University of Asia and the Pacific (UA&P), which support an adjusted schedule for the fuel excise tax and a
reconsideration of the tax on sugar-sweetened beverages. Though their proposals look sound attractive, comprehensive, and economically sound on the surface, the more than
200-page pair of studies belies major gaps and biases in the analysis that threaten to weaken the most progressive provisions of TRAIN.
A SLOWER BURN FOR FUEL EXCISE?
Despite natural growth in people’s nominal income, gasoline and diesel excise taxes remain unadjusted at P4.35 and P0.00 since 1997. These unadjusted rates have resulted in
about P140 billion in annual forgone revenues, and made our tax system less progressive by favoring the richest 10% of Filipino households who consume 50% of fuel in the
economy. To correct this, the DoF proposes an increase of at least P6 per liter.
In TRAIN, the proposed increase is staggered to P3 in 2018, an additional P2 in 2019, and a final P1 in 2020. By the first year, about P74 billion will be generated to fund
infrastructure, health, education, and social protection measures. Under this proposal, independent estimates show an increase in annual direct expenditure for gasoline, diesel,
kerosene, LPG, and lubricant expenditures totaling only P76.06 for the poorest decile while increases in commuting costs will only total P39.8 — both of which will be more than
covered by the proposed cash transfers worth P2,400 annually per qualified household.
In contrast, the UA&P recommends an adjusted schedule of P1.75, P2, and P2 over the same three-year period. The idea seems attractive, since by the end of three years the
results seem comparable to the original proposal (P6 vs. P5.75). However, this proposal arises from the UA&P estimate using 2012 data, claiming that TRAIN will increase the
fuel expenditure of the first decile annually by P1,076. This projection is questionable, given that the first decile’s annual total fuel expenditure does not even reach P500,
according to the 2015 Family Income and Expenditure Survey.
Moreover, the UA&P proposal comes with very crucial caveats.
Alongside the lowered rate of P1.75 in the first year, the paper proposes that the threshold for personal income tax (PIT) exemption be lowered to P150,000, rather than the
threshold agreed upon both in the House of Representatives and the Senate, which is at P250,000 year. They later on assume the feasibility of a cash transfer worth P3,600 — an
amount that was only proposed to match the original DoF proposal of a P6 increase.
The first problem with the watered down fuel excise is that it isn’t viable without drastic adjustments to the other aspects of TRAIN. Lawmakers will be hard-pressed to change
the PIT exemption threshold, not to mention that the cash transfers are supposed to come from 40% of the incremental revenues from the fuel tax. The P1.75 rate is nowhere
near enough to fund the transfers, let alone any new government programs.
Second, as the diluted fuel excise tax increase threatens the implementation of the cash transfers program, UA&P’s proposal is poised to benefit more the rich (who has
guaranteed gains from income tax cut), than the poor, making TRAIN less progressive.
A SUGAR-FREE TRAIN?
House Bill 5636 also proposes a P10/liter tax on sugar-sweetened beverages (SSBs). By raising the price on SSBs, the tax aims to reduce excessive sugar intake, which has been
linked to obesity and life-threatening diseases like diabetes. Revenues from the SSB tax will be earmarked for programs to prevent noncommunicable diseases, feeding
programs, support for potable water, and support for alternative livelihood programs of sugar-producing regions.
In its analysis, UA&P calculates economy-wide multiplier effects for various interrelated industries, and shows the bill’s potential adverse impact on beverage sales and
subsequently on direct and indirect employment. It demonstrates an appreciation for wider-scale impacts of the tax, but they do so unfairly.
First, the UA&P study claims that the gains from SSB revenues, which it estimates at about P38 billion, will be eroded to only P8 billion due to decreased VAT and CIT revenues
arising from decreased sales. However, they solely account for decreased VAT and CIT from decreased beverage sales, but completely neglect households’ increased spending
(perhaps on other goods) that will result from the increased disposable income all deciles will receive from the cash transfers and the PIT relief. This now increases VAT and CIT
revenues from other goods.
Assuming, without conceding, the net P8 billion from SSB tax is correct, there is still clear concession on the part of UA&P that the government revenues stand to be much bigger
than current estimates already stand.
Note that based on the country’s experience, excise tax is among the most efficient tax to administer, with 95% of the target collections met on the average. While the UA&P
wrongly presents a tug-of-war among the three, in the lens of equity and revenue generation, introducing excise tax is a complement to VAT and CIT given the fact that they
result in collections equivalent to only 40 to 50% of their supposed amounts, respectively.
Second, the UA&P study uses the notion of multiplier effects as an economic strawman, portending crippling losses to the economy due to impact on industries, but
conveniently ignoring the potential welfare investments from additional government financing for education, health, infrastructure, and social protection. Not to mention it will
benefit businesses that often complain of the complexities in the tax system, an issue that tops the list of deterrents to business growth in the country. In short, the study only
pretends to be comprehensive but only to the extent of shoring up certain interests.
Finally, the UA&P study totally forgets the provision’s health impacts.
As former Secretaries of Health and numerous medical associations have pointed out, the SSB tax will have direct effects like reduced sugar consumption to curb obesity and
reduce top noncommunicable diseases like diabetes, as well as indirect effects like funding nutrition programs to help the undernourished.
Excessive sugar intake also has economic impacts in terms of health costs, productivity costs, and plunging vulnerable families into poverty. Alleviating these will have their own
multiplier effects that benefit all, especially the poor and near poor.
ROUNDING THE FINAL STRETCH
As TRAIN enters its last few sessions with the Senate Committee on Ways and Means, it is important to focus the discussions where they matter most in light of ever-evolving
evidence.
For the fuel excise, by keeping the current proposal’s P3 increase in the first year, lawmakers will be able to keep both the PIT exemption and a cash transfer of P2,400 for the
poorest 50% of households, all while generating substantial revenue for public transportation, universal health care, and other programs in the pipeline. What matters is
whether they will receive the promised income tax relief and cash transfer, which will more than offset inflationary impacts. This is achieved in the P3 case, not the P1.75 case.
As for the SSB tax, by considering a big picture that seriously accounts for its health impacts and complementary measures, a sweet spot may certainly be found. The dichotomy
the UA&P study draws between health and the economy is a specious one: first, because health itself is a precondition for a growing and equitable economy, and second,
because their economic calculations themselves are incomplete and hence biased.
For a truly progressive tax reform, the evidence on the table must be rigorous, comprehensive, and up-to-date. More importantly, they must approach the tax reform
objectively, with the people’s welfare in mind. As TRAIN rounds its final stretch, it cannot risk compromising its key features based on arguments well past their prime; the TRAIN
has already left that station.
Madeiline Aloria and Joshua Uyheng are researchers of Action for Economic Reforms
www.aer.ph
JEEPNET
Related Foreign Literature
http://bizresearchpapers.com/Paper-6new.pdf
International Review of Business Research Papers Vol. 4 No.1 January 2008 Pp.68-84 Lessons from Jeepney Industry in the Philippines Candy Lim Chiu* This paper reports on the
empirical investigation of the perspective of jeepney industry based on their actual experiences in the Philippines. These viewpoints were elicited during face to face, structured
interviews lasting between 1.5 to 3 hours. The industry are experiencing great uncertainty with respect to long-term goals especially if what is currently happening is unstable,
uncertainties about the magnitude of jeepneys in the market, the cost and benefits, but stakeholders are willing to be involved in promoting the industry to its maximum
potentials. There appear to be few articulated and carefully thought-out development strategies nor is there much evidence of internal business processes being reengineered
to accommodate the requirements of jeepney presence. The objective of the study is to examine what are the problems, benefits and what might be done to alleviate the
jeepney industry in the country. Field of Study: Business, Entrepreneurship, Jeepney Industry and Transport.
Profit
Related Foreign Studies
http://eureka.sbs.ox.ac.uk/4689/1/WP1303.pdf
The Taxation of Foreign Profits: a Unifiied View Michael P.Devereuxy , Clemens Fuestz , and Ben Lockwoodx April 2013
Abstract
This paper synthesizes and extends the literature on the taxation of foreign source income in a framework that covers both greenfield and acquisition investment, and a general
constraint linking investment at home and abroad for the multinational by introducing a cost of adjustment for the mobile factor. Unless the cost of adjustment is zero, the
domestic tax on foreign-source income should always be set to ensure the optimal allocation of the mobile factor between domestic and foreign assets and should follow the
classical rules in the literature; national optimality requires the deduction rule, and global optimality requires the credit rule. Only in the zero-cost case does exemption become
optimal. Allowances can be set so as to ensure that domestic and foreign asset purchases are undistorted by the tax system: this requires a cash-flow tax on domestic
investment in the greenfield case, and a cross-border cash flow tax on foreign investment in both cases. These basic results extend to various extensions of the model.
https://www.hbs.edu/faculty/Publication%20Files/09-040_146640ac-c502-4c2a-9e97-f8370c7c6903.pdf
The Effect of Labor on Profitability:
The Role of Quality Zeynep Ton Harvard Business School, Boston, MA 02163, zton@hbs.edu
Determining staffing levels is an important decision in retail operations. While the costs of increasing labor are obvious and easy to measure, the benefits are often indirect and
not immediately felt. One benefit of increased labor is improved quality. The objective of this paper is to examine the effect of labor on profitability through its impact on
quality. I examine both conformance quality and service quality. Using longitudinal data from stores of a large retailer, I find that increasing the amount of labor at a store is
associated with an increase in profitability through its impact on conformance quality but not its impact on service quality. While increasing labor is associated with an increase
in service quality, in this setting there is no significant relationship between service quality and profitability. My findings highlight the importance of attending to process
discipline in certain service settings. They also show that too much corporate emphasis on payroll management may motivate managers to operate with insufficient labor levels,
which, in turn, degrades profitability. Keywords: Labor Capacity Management, Quality, Retail Operations
In 2012, Forbes Asia announced that the collective wealth of the 40 richest Filipino families grew $13 billion during the 2010-2011 year, to $47.4 billion--an increase of 37.9
percent. Filipino economist Cielito Habito calculated that the increased wealth of those families was equivalent in value to a staggering 76.5 percent of the country's overall
increase in GDP at the time. This income disparity was far and away the highest in Asia: Habito found that the income of Thailand's 40 richest families increased by only 25
percent of the national income growth during that period, while that ratio was even lower in Malaysia and Japan, at 3.7 percent and 2.8 percent, respectively. (And although
critics have pointed out that the remarkable wealth increase of the Philippines' so-called ".01 percent" is partially due to the performance of the Filipino stock market, the
growth of the Philippine Composite Index during that period would not account for such a dramatic disparity from neighboring countries.) Even relative to its regional neighbors,
the Philippines' income inequality and unbalanced concentrations of wealth are extreme.
Meanwhile, overall national poverty statistics remain bleak: 32 percent of children under age five suffer from moderate to severe stunting due to malnutrition, according to
UNICEF, and roughly 60 percent of Filipinos die without ever having seen a healthcare professional. In 2009, annual reports found that 26.5 percent of Filipinos lived on less than
$1 a day -- a poverty rate that was roughly the same level as Haiti's. And a new report from the National Statistical Coordination Board for the first half of 2012 found no
statistical improvement in national poverty levels since 2006. Even as construction cranes top Manila skyscrapers and the emerging beach town of El Nido unveils plans for its
newest five-star resort, tens of millions of Filipinos continue to live in poverty. And according to Louie Montemar, a political science professor at Manila's De La Salle University,
little is being done to destabilize the Philippines' oligarchical dominance of the elite.
"There's some sense to the argument that we've never had a real democracy because only a few have controlled economic power," he said in an interview with Agence France-
Presse. "The country dances to the tune of the tiny elite." Many observers blame the inequality on widespread corruption in local government, which makes it difficult or
impossible for many Filipinos to launch small businesses. (In 2012, Transparency International, a non-governmental organization that monitors and reports a comparative listing
of corruption worldwide, gave the Philippines a rank of 105 out of 176, tied with Mali and Algeria, among others.) Low levels of investment also suppress business growth: the
Philippines' investment-to-GDP ratio currently stands at 19.7 percent. By comparison, the investment rate is 33 percent in Indonesia, 27 percent in Thailand, and 24 percent in
Malaysia. For the select few Filipinos who live in beach towns and other popular tourism areas, however, the recent influx of foreign tourists to the previously overlooked
country has meant new business opportunities. Celso Serran, 38, a rickshaw driver in the growing tourist town of El Nido, said that the economic impact of tourism has had a
significant impact on his income. "Today, a driver can reasonably expect to make 500 Philippine Pesos ($12.16) per day," said Serran. "Before the tourists started coming, he
might make 200 PHP ($4.86) on a good day." For some, the tourism industry is so clearly the only option that it even pulls them away from their hometowns towards more
tourist-friendly cities. Dorina Genturo, 20, moved from Puerto Princesa, the capital of Palawan, to El Nido for the better job opportunities there. "There are definitely a lot more
jobs in tourism, in hotels and tour companies," she said. "But it's not like this in other towns." Meanwhile, other huge sectors of Filipino industry (such as banking,
telecommunications, and property development) are almost entirely monopolized by a few elite political families, most of whom have been in power since the Spanish colonial
era. And despite wide-reaching government reforms from the 1980s, those industries remain effective oligarchies or cartels that vastly outperform small businesses. According
to a paper released by the Philippine Institute for Development Studies, small and medium enterprises (SMEs) account for roughly 99 percent of Filipino firms. However, those
SMEs only account for 35 percent of national output--a sharp contrast with Japan and Korea, where the same ratio of SMEs accounts for roughly half of total output. This
translates into far fewer high-paying jobs on the local level for Filipino employees and exacerbates the huge income disparity across the country.
There’s little apparent reason “for companies to bring the money back right now,” said Mr. Carfang. American companies pay taxes on their foreign profits in the countries
where those profits are earned. But they don’t have to pay Uncle Sam as long as the money is “indefinitely reinvested” abroad. A company might, for example, use the funds to
expand its local sales force or to buy a rival. But if a company brings money back to the U.S., or lays plans to do so, it owes the Internal Revenue Service the difference between
the foreign taxes paid on the sum and the U.S. tax rate, which is almost always higher. And it must book the tax on its accounting statements. Most companies try to find ways to
offset the additional taxes with credits. Although Credit Suisse’s analysis was limited to the S&P 500, companies outside the index also tapped their foreign earnings last year.
Footwear manufacturer Crocs Inc. reclassified $165 million of its foreign earnings as eligible for repatriation in 2013. It recorded $11.7 million in taxes, but waited another year
to bring the money home. Crocs used a combination of tax breaks from charitable donations and credits tied to unused stock compensation to shrink its tax payment to the IRS,
said Chief Financial Officer Jeff Lasher. “We were trying to keep the cash taxed at zero,” said Mr. Lasher. Crocs used the money to buy back shares and finance its U.S.
operations. Buybacks have become a popular use for foreign earnings. Internet marketplace eBay set aside $9 billion last year to bring back to the U.S., a sum it said it could use
to fund buybacks or acquisitions in coming months. The company booked $3 billion in U.S. taxes on the transaction. Internet registry operator VeriSign repatriated $741 million
last year and used at least part of it to take $867.1 million of its shares off the market. The company offset the taxes with a credit it earned when it liquidated a subsidiary the
previous year. Others are using the cash to pay down debt. Teleflex Inc., a medical-devices company, repatriated $237.1 million last year to repay $235 million it had borrowed
from a bank credit line. Concern about the cost of a tax audit or penalty could be motivating some U.S. companies to bring money home. Credit Suisse’s analysts said that
companies might be finding it harder to make the case that their foreign earnings are indefinitely invested, especially the large sums simply sitting in cash accounts.
The Public Company Accounting Oversight Board, the government’s audit watchdog, warned recently that it would pay close attention to the way auditors treated such
earnings. The Treasury Department, meanwhile, has made it harder for a U.S. company to buy a foreign one with the goal of relocating its headquarters to a lower-tax country.
Last month, President Barack Obama proposed letting companies bring back the profits they hold at overseas subsidiaries at a tax rate of 14%, and then proposed taxing foreign
earnings going forward at a minimum of 19%. Amid the annual congressional wrangling over tax policy, companies have found some creative ways to reduce the tax impact of
repatriation. Stryker, which makes medical devices, said last year that it earmarked $2 billion for return to the U.S. The company incurred tax bills in Europe when it moved some
of its intellectual property to the Netherlands from other European countries and realized that those taxes would help reduce its U.S. tax bill on the money to roughly 5%.
“We will use the funds to drive growth in our existing businesses through investments in acquisitions, dividends and share repurchases, in that order,” said CFO Bill Jellison.