Trump and Clinton share Delaware tax 'loophole' address with 285,000 firms 


1209 North Orange Street in Wilmington is a nondescript two-storey building
yet is home to Apple, American Airlines, Walmart and presidential candidates

http://www.theguardian.com/business/2016/apr/25/delaware-tax-loophole-1209-n
orth-orange-trump-clinton 

 
<http://www.theguardian.com/business/2016/apr/25/delaware-tax-loophole-1209-
north-orange-trump-clinton#img-1> 

Eight days after stepping down as secretary of state in 2013, Hillary
Clinton set up ZFS Holdings at CTC's offices in Wilmington. A spokesman said
it was to manage her book and speaking income. Photograph: Matt Rourke/AP 

Rupert Neate <http://www.theguardian.com/profile/rupertneate>  in
Wilmington, Delaware

 <http://twitter.com/RupertNeate> @RupertNeate

 

Monday 25 April 2016 12.00 BST Last modified on Monday 25 April 2016 17.27
BST 

*        
*        

There aren't many things upon which Hillary Clinton
<http://www.theguardian.com/us-news/hillary-clinton>  and Donald Trump
agree, especially as they court very different Delaware voters ahead of a
primary on Tuesday. But the candidates for president share an affinity for
the same nondescript two-storey office building in Wilmington. A building
that has become famous for helping tens of thousands of companies avoid
hundreds of millions of dollars in tax through the so-called "Delaware
loophole".

The receptionist at 1209 North Orange Street isn't surprised that a
journalist has turned up unannounced on a sunny weekday afternoon.

"You know I can't speak to you," she says. A yellow post-it note on her
computer screen reads "MEDIA: Chuck Miller" with the phone number of the
company's director of corporate communications. Miller can't answer many
questions either, except to say that the company does not advise clients on
their tax affairs. 

The Guardian is not the first media organisation to turn up at the offices
of Corporation Trust Centre, and it's unlikely to be the last. 


Analysis Forget Panama: it's easier to hide your money in the US than almost
anywhere 


The term tax haven may evoke images of exotic locales, but Panama actually
ranks as the 13th most attractive spot for hiding assets, while the US lies
third 

Read more 

This squat, yellow brick office building just north of Wilmington's rundown
downtown is the registered address of more than 285,000 companies. That's
more than any other known address in the world, and 15 times more than the
18,000 registered in Ugland House, a five-storey building in the Cayman
Islands that Barack Obama called "either the biggest building in the world,
or the biggest tax scam on record".

Officially, 1209 North Orange is home to Apple, American Airlines, Coca-Cola
<http://www.theguardian.com/business/cocacola> , Walmart and dozens of other
companies in the Fortune 500 list of America's biggest companies. Being
registered in Delaware lets companies take advantage of strict corporate
secrecy rules, business-friendly courts and the "Delaware loophole", which
can allow companies to legally shift earnings from other states to Delaware,
where they are not taxed on non-physical incomes generated outside of the
state.

The loophole is said to have cost other states more than $9bn in lost taxes
over the past decade and led to Delaware to be described as
<http://itep.org/itep_reports/2015/12/delaware-an-onshore-tax-haven.php#.Vxq
Du5MrLBI> "one of the world's biggest havens for tax avoidance and evasion".


But it's not just big corporations that have chosen to make 1209 North
Orange their official home. 

Both the leading candidates for president - Hillary Clinton and Donald Trump
<http://www.theguardian.com/us-news/donaldtrump>  - have companies
registered at 1209 North Orange, and have refused to explain why.

Clinton, who has repeatedly promised that as president she will crack down
on "outrageous tax havens and loopholes that super-rich people across the
world are exploiting in Panama and elsewhere", collected more than $16m in
public speaking fees and book royalties in 2014 through the doors of 1209,
according to the Clintons
<https://www.hillaryclinton.com/p/files/returns/WJC_HRC_2014_Form_1040.pdf>
' tax return. 

Just eight days after stepping down as secretary of state in February 2013,
Clinton registered ZFS Holdings LLC at CTC's offices. Bill Clinton set up
WJC LLC, a vehicle to collect his consultation fees, at the same address in
2008. 




Which issue do you want US election candidates to discuss? 


Read more 

A spokesman for Clinton said: "ZFS was set up when Secretary Clinton left
the State Department as an entity to manage her book and speaking income. No
federal, state, or local taxes were saved by the Clintons as a result of
this structure."

The Clintons' companies share the office with several of Trump's companies.
They include Trump International Management Corp and several companies that
form part of Hudson Waterfront Associates, a Trump partnership to develop
more than $1bn worth of luxury condos on the west side of Manhattan. 

Of the 515 companies on Trump's official Federal Election Commission (FEC)
filing, 378 are registered in Delaware, he revealed, after being questioned
by the Guardian about why so many of his New York-based companies are
incorporated in Delaware <http://www.theguardian.com/us-news/delaware> .

He said he asked his staff to find out how many entities he has in Delaware.
"I figured they'd maybe say two or three, right?" Trump said at a rally in
Harrington, Delaware, on Friday. "We have 378 entities registered in the
state of Delaware, meaning I pay you a lot of money, folks. I don't feel at
all guilty, OK?"


Panama Papers: US launches criminal inquiry into tax avoidance claims 


Read more 

Among them are 40 Wall Street Corporation, Trump
<http://www.trump.com/real-estate-portfolio/new-york-ny/40-wall-street/> 's
72-storey downtown tower that was the tallest building in the world for two
months in 1930, and the Trump Carousel in Central Park
<http://www.centralpark.com/news/322/donald-trump-steps-in-to-save-central-p
ark-carousel> .

The Trump campaign did not respond to questions about whether Trump was
using Delaware in order to avoid taxes in New York. 

It is not unusual for rich individuals and companies to register their
business in Delaware due to the ease of company formation in the state, but
the Clintons' and Trump's companies in the state are likely to come under
greater scrutiny as the US presidential primary roadshow rolls into the
state on Tuesday. A poll by research firm Gravis Marketing last week showed
Trump had a 37-point lead over John Kasich; Clinton polled 45%, ahead of
Sanders on 38% in the same poll. 

A report by the Institute on Taxation and Economic Policy, titled Delaware:
An Onshore Tax Haven
<http://itep.org/itep_reports/2015/12/delaware-an-onshore-tax-haven.php#.VwV
0PhIrLKI> , said the state's tax code made it "a magnet for people looking
to create anonymous shell companies, which individuals and corporations can
use to evade an inestimable amount in federal and foreign taxes".

Several accounting experts said there are many legitimate reasons why US and
foreign companies incorporate in Delaware, particularly because of its
highly respected Court of Chancery and business-friendly state government.
The process of setting up a company in the state can be completed in just a
few hours and requires less paperwork than registering for a library card in
the state. There are more than 1m companies registered in the state - more
than Delaware's population of 935,000. 

In the US presidential election, Clinton's rival Bernie Sanders has led the
charge to counter corporate greed, and highlighted
<https://berniesanders.com/press-release/sanders-statement-panama-papers/>
the tax havens revealed by the Panama Papers as evidence that "the
wealthiest people and largest corporations must start paying their fair
share of taxes".

Clinton has called offshore tax havens "a perversion
<http://thehill.com/policy/finance/272293-clinton-puts-crosshairs-on-offshor
e-tax-deals> " of the legal code, and Obama called for reform
<http://www.theguardian.com/news/2016/apr/05/justice-department-panama-paper
s-mossack-fonseca-us-investigation> of the international system earlier this
month. Even Trump has said he supports raising taxes on the wealthiest
Americans, "including myself
<http://www.msnbc.com/msnbc/donald-trumps-tax-cuts-top-1-set-general-electio
n-fight> ", though his tax plan offers cuts
<http://www.theguardian.com/us-news/2015/sep/28/donald-trump-unveils-tax-pla
n> .

The Guardian Media Group, owner of theguardian.com, is registered in Dover,
Delaware. "Guardian Media Group has business operations in the UK, US and
Australia," a Guardian spokesperson said. "The group's assets are held
entirely by companies in these countries and are fully subject to prevailing
tax laws and regulations. The group also has a UK endowment fund which holds
a mixture of UK and non-UK assets and is fully subject to UK tax laws and
regulations."

 

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