The Senate Permanent Subcommittee on Investigations has been engaged in international tax
investigations since 2001, holding hearings and proposing legislation.7
In the 111th Congress, the
Stop Tax Haven Abuse Act, S. 506, was introduced by the chairman of that committee, Senator
Levin, with a companion bill, H.R. 1265, introduced by Representative Doggett. The Senate
Finance Committee also has circulated draft proposals addressing individual tax evasion issues. A
number of these anti-evasion provisions (including provisions in President Obama’s earlier
budget outlines) were adopted in the Hiring Incentives to Restore Employment (HIRE) Act, P.L.
111-147. Subsequently, revised versions of the Stop Tax Haven Abuse Act have been introduced.8
The Permanent Subcommittee also released a study of profit shifting by multinationals in
preparation for a hearing on September 20, 2012.9
The first section of this report reviews what countries might be considered tax havens, including a
discussion of the Organization for Economic Development and Cooperation (OECD) initiatives
and lists. The next two sections discuss, in turn, the corporate profit-shifting mechanisms and
evidence on the existence and magnitude of profit-shifting activity. The following two sections
provide the same analysis for individual tax evasion. The report concludes with overviews of
alternative policy options, a summary of legislation enacted in the 111th Congress, and a summary
of specific legislative proposals.
Where Are the Tax Havens?
There is no precise definition of a tax haven. The OECD initially defined the following features
of tax havens: no or low taxes, lack of effective exchange of information, lack of transparency,
and no requirement of substantial activity.10 Other lists have been developed in legislative
proposals and by researchers. Also, a number of other jurisdictions have been identified as having
tax haven characteristics.
Formal Lists of Tax Havens
The OECD created an initial list of tax havens in 2000. A similar list was used in S. 396,
introduced in the 110th Congress, which would have treated firms incorporated in certain tax
havens as domestic companies; the only difference between this list and the OECD list was the
exclusion of the U.S. Virgin Islands from the list in S. 396. Legislation introduced in the 111th