Democrats propose blacklisting contractors for offshore tax deals

Congressional Democrats are seeking to ban companies that reincorporate abroad from getting federal contracts, expanding a fight on offshore tax deals that they clearly see as a winning issue for the midterm campaign.

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The Democratic legislation introduced Tuesday is just the latest shot taken against companies that take over a smaller foreign competitor for tax purposes, in a maneuver known as inversion.

With help from President Obama, Democratic leaders have railed against the inversion deals for weeks, adding another plank to their populist platform for the November elections.

Still, Democrats acknowledge that simply railing against inversions, an obscure and complicated scheme, will be a difficult sell, and are trying to reframe the debate around the issue of “patriotism.”

“We’re not going to use the word inversions very much,” said Rep. Sandy Levin (Mich.), the top Democrat on the House Ways and Means Committee.

“I don’t think most members of Congress understand them,” added Rep. Lloyd Doggett (D-Texas), one of the lawmakers leading the fight against inversions.

Democrats have ramped up their rhetoric against the deals in recent days, with Obama labeling companies seeking a foreign address “corporate deserters.” Doggett said Tuesday that businesses inverting their address “pledge allegiance to some foreign power.”

Senate leaders have already pushed a measure — almost identical to a 2012 proposal and backed by vulnerable senators such as Mark PryorMark Lunsford PryorTom Cotton's only Democratic rival quits race in Arkansas Medicaid rollback looms for GOP senators in 2020 Cotton pitches anti-Democrat message to SC delegation MORE (D-Ark.) and Kay HaganKay Ruthven HaganGOP braces for Democratic spending onslaught in battle for Senate Democrats will win back the Senate majority in 2020, all thanks to President Trump The Hill's Morning Report - Presented by Better Medicare Alliance - Dems shift strategy on impeachment vote MORE (D-N.C.) — that would target tax breaks for companies that move jobs overseas.

Inversion deals, Democrats say, fit in with the broader argument that corporations and the wealthy shouldn’t be able to avoid paying their taxes, even if the maneuvers they use are legal.

That message becomes even clearer, Democrats say, because some of the companies who are or were considering shifting their legal address abroad are well known American brands, such as Walgreen and Pfizer.

“They can’t decide to send a mailbox some other place and not pay taxes,” Rep. Rosa DeLauro (D-Conn.) said about voters. “They get it.”

Close to 50 companies in all have shifted their legal address abroad in the last decade, according to the Congressional Research Service. Just this month, AbbVie wrapped up the largest inversion deal yet, at $55 billion, while several other top healthcare companies have also explored the move.

Sen. John ThuneJohn Randolph ThuneSenate to vote on Trump's Canada, Mexico trade deal Thursday Senate braces for Trump impeachment trial Republicans face internal brawl over impeachment witnesses MORE (S.D.), a member of GOP leadership, admitted that inversions were becoming a more prominent campaign issue. “Sex appeal is the wrong word, but it’s a hot topic in political circles right now,” Thune told reporters Tuesday.

But Thune also brushed aside the idea that the tax deals could be a political liability for the GOP, which is in a strong position heading into the midterms because of the continued frustration with ObamaCare, a friendly electoral map and voter fatigue with the president.

“A lot of what the Democrats are proposing right now is more designed to give a political issues to the fall campaigns than actually fix the problem,” Thune said.

Like a lot of other fiscal issues, Democrats and Republicans do agree that the influx of inversions is a problem — but have found little common ground in seeking a bipartisan fix.

Rep. Levin and his brother, Sen. Carl LevinCarl Milton LevinThe Trumpification of the federal courts Global health is the last bastion of bipartisan foreign policy Can the United States Senate rise to the occasion? Probably not MORE (D-Mich.), have introduced similar legislation that says that a merged company would remain American for tax purposes if at least 50 percent of its shareholders were from the original U.S. company. The current threshold, enacted in 2004, is 80 percent.

Senate Finance Chairman Ron WydenRonald (Ron) Lee WydenHillicon Valley: Biden calls for revoking tech legal shield | DHS chief 'fully expects' Russia to try to interfere in 2020 | Smaller companies testify against Big Tech 'monopoly power' Lawmakers call for FTC probe into top financial data aggregator Overnight Health Care: Progressives raise red flags over health insurer donations | Republican FTC commish backs Medicare negotiating drug prices | Trump moves to protect money for religious groups MORE (D-Ore.), who previously wanted to deal with inversions through tax reform, is now working on a potential targeted solution that, like the Levin bills, would be retroactive to May.

Sen. Chuck SchumerCharles (Chuck) Ellis SchumerTrump administration installs plaque marking finish of 100 miles of border wall Sanders defends vote against USMCA: 'Not a single damn mention' of climate change Schumer votes against USMCA, citing climate implications MORE (N.Y.), the No. 3 Democrat in the chamber, has highlighted tax breaks that companies can use after they invert, and could introduce his own measure after the August break.

GOP lawmakers, like Thune, say that the deals should be handled in a broader tax overhaul that solves the underlying problem — the U.S.’s 35 percent tax rate. Sen. Orrin HatchOrrin Grant HatchKey Republicans say Biden can break Washington gridlock Trump awards Medal of Freedom to racing industry icon Roger Penske Trump holds more Medal of Freedom ceremonies than predecessors but awards fewer medals MORE (R-Utah) has sounded more open to an inversions-only measure, but has also said he won’t back anything that’s retroactive. 

The bill Democrats introduced Tuesday — known, in an apparent nod to Obama, as the No Federal Contracts for Corporate Deserters Act — would forbid companies that meet that same 50 percent threshold from getting federal contracts.

DeLauro and the other Democrats backing the federal contract bill acknowledged that they might have more luck with that approach, after a narrower proposal targeting Bermuda and the Cayman Islands passed the House with the support of almost three dozen Republicans this month.

“It says to those companies that are seeking to invert: think twice,” Senate Majority Whip Dick DurbinRichard (Dick) Joseph DurbinSunday shows preview: Lawmakers gear up for Senate impeachment trial Parnas pressure grows on Senate GOP Overnight Defense: Book says Trump called military leaders 'dopes and babies' | House reinvites Pompeo for Iran hearing | Dems urge Esper to reject border wall funding request MORE (D-Ill.) said about the new proposal.

One idea Democrats have yet to coalesce around is a suggestion from Stephen Shay, a former senior Treasury official under Obama, that the president already has the power to basically shut down inversions.

Despite his expanded use of executive power this year, Republicans aren’t expecting Obama to go it alone.

“Listen, knowing this president, and having a pen and a phone — if he could do it, he’d do it,” said Rep. Chuck GrassleyCharles (Chuck) Ernest GrassleySenate begins preparations for Trump trial Big Pharma looks to stem losses after trade deal defeat Appeals court skeptical of Trump rule on TV drug ads MORE (R-Iowa), a former Finance chairman who helped craft the 2004 anti-inversions legislation. “If he did do it, he couldn’t blame the Republicans.”

— This story was first posted at 12:02 p.m. and has been updated.