House of 19,000 Corporations

The uproar over Mitt Romney's finances shines a light on the world's most unlikely financial capital.

BY JOSHUA E. KEATING | JANUARY 24, 2012

Grand Cayman is known for its beach resorts, world-class scuba diving, and as the unlikely facilitator of billions of dollars in global financial transactions.

The island has been garnering a lot of publicity this week -- not the good kind -- thanks to the scrutiny of presidential candidate Mitt Romney's tax returns, which include millions of dollars in foreign investments. According to ABC News, Romney has as much as $8 million invested in 12 Cayman Islands funds. (The governor has money parked in Bermuda, Ireland, and Luxembourg as well.)

Romney's Cayman riches aren't actually a new story. The L.A. Times reported in 2007 that the former Massachusetts governor was listed as a general partner and investor in BCIP Associates III Cayman, a fund set up by his old employer Bain Capital. Bain has as many as 138 funds registered in the Caymans, according to ABC. The BCIP fund is registered at P.O. Box 908GT in George Town, the Caymanian capital. This is the address of Walker House, the local office of international law firm Walkers. It's also, on paper at least, home to dozens of other companies including Del Monte Fresh Produce Inc., the global food giant physically headquartered in Coral Gables, Florida.

Walker House is just one of a number of addresses in downtown George Town used by corporations, including Coca-Cola, Oracle, and Intel, to minimize taxes or cut out the red tape in international transactions. The vast majority of these companies are legally prohibited from doing business in the Caymans themselves. The most famous of these addresses, located just down the road at 335 South Church St., is Ugland House, a five-story office building that is home -- physically -- to law firm Maples and Calder, and -- on paper -- nearly 19,000 companies.

President Barack Obama called out Ugland House specifically in a 2009 speech, saying "either this is the largest building in the world or the largest tax scam in the world." Legally speaking, it's neither. A 2008 GAO report found no evidence of illegal activity by Maples and Calder or any of the entities registered at Ugland House, about half of which have billing addresses in the United States. But, particularly in the case of hedge funds and private equity funds like Bain's -- about 38 percent of Ugland's "tenants" -- the building makes a mockery of the U.S. tax system.

As Romney's campaign has repeatedly stated, investors in these funds do pay U.S. taxes on their income. But there are significant financial incentives in having a Cayman address. First of all, the British territory has no direct taxes, and makes it exceptionally easy to set up a new company -- it only costs about $600. A fund with a Cayman address also allows foreign investors to invest in U.S.-run funds -- such as the bricks-and-mortar incarnation of BCIP Associates on Huntington Avenue in Boston -- while avoiding double-taxation in both the United States and their home countries.

A managing partner of Maples and Calder told Bloomberg in 2009 that “having a registered office address in the Cayman Islands is driven by commercial considerations, not by tax avoidance," but there are tax advantages for U.S. investors. Under U.S. tax law, a person is taxed on all foreign income. But a foreign corporation is not taxed on foreign income until it is distributed to shareholders, meaning greater returns for investors like Romney. The Caymans also allow U.S. non-profit entities like pension funds and university endowments to invest in hedge funds without paying the "unrelated business income tax," which could be as high as 35 percent if those funds were based in the United States.

There are also concerns that the complexity and lack of transparency in Cayman Islands transactions can make tax evasion and money laundering easier, though there's no evidence that Bain or Romney were involved in these activities and the vast majority of Cayman Islands transactions are entirely legal.

This is not to say they're popular. The organization Citizens for Tax Justice estimates that the U.S. federal government loses as much as $100 billion per year in revenue due to tax havens. Sen. Carl Levin has proposed legislation that would treat foreign-registered, U.S.-based corporations as American companies for the purposes of tax law. Legislation to shut down the Caymans as a tax haven has been proposed in the British parliament. Given the nearly $5 trillion held by U.S. corporations and individuals in tax-haven countries, though, these motions are likely to face some stiff, and well-funded resistance.

As for Romney, he argues, "I don't think you want someone as the candidate for president who pays more taxes than he owes." Fair enough, but it will be up to voters to decide what the definition of the word "owes" is.

Alan Markoff/REUTERS

 

Joshua E. Keating is an associate editor at Foreign Policy.

KUMAWAT

1:30 AM ET

January 25, 2012

PARKING

hy Mitt Romney loves parking his cash in the Caymans http://www.opendoormiami.com/

 

WRINCCRIT

9:29 AM ET

January 25, 2012

not really that bad...

I know Obama called this out as either being the "biggest building in the world or the biggest tax scam" but really it just a way to structure finances. Large corporations do it because it gives them a competitive advantage. If the tax system was easier to navigate I wonder how many of them would need to do this?

As long as their is an advantage to having your corporation do business in another location companies are going to do it. Whether it is incentives offered by certain countries, tax breaks, lower taxes or even just easier/simple reporting guidelines - any of these or a combo of them is a good enough reason for a company to take advantage of it.

In all reality I don't even blame the companies for doing it, they are just trying to make the largest ROI for the principals and shareholders. It would be nice to cleanse the system of this type of business complexity but until we make doing business easier, less prohibitive I believe this trend will not only continue but also increase.

 

AJAX3715

4:56 PM ET

January 25, 2012

You mean it's OK with you

You mean it's OK with you that in these times of huge budget deficit big corporations are not paying the USD 100 billion worth of taxes that they should have paid the US government? You must be a Republican.

 

FELINE74

4:49 AM ET

January 25, 2012

Compromise: Require an individual, physical presence.

Meaning an entity wanting to use the Cayman loophole has to have its officers living there, working in an actual headquarters.

It's simple fairness. If they want the taxbreaks, they should be willing to reward the Caymans with their buying power. If they want the connections and services of a 1st World country, they should be willing to reward that country with their taxes.

 

FOREIGNAFFAIRS101

6:47 PM ET

January 25, 2012

You Be the Judge?

If only this were the case for IRS laws, I think Mitt would be in a world of hurt otherwise.

How does he get to choose how much he pays in taxes by hiding his money overseas? This is yet another example of our lack of leadership in this country with the sheer inability for most Americans to see through issues like this for what they really are. Herman Cain was another prime example of that as his ratings sky rocketed before the sexual scandal free-fall.

I think they need to go down to the Cayman islands with a full site explorer to find out what exactly is going on and how much hiding is taking place. Does he seriously think this is acceptable to the IRS? I'm sure a lot more of this will come out in the days and weeks to come if things start to get ugly in the Presidential race.