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A €160 billion drug company deal could be in jeopardy due to new US financial rules

The new rules are aimed at stopping US companies setting up bases abroad.

Image: David Goehring via Flickr

THE US TREASURY Department announced a new package of rules yesterday aimed at making “tax inversions” — when U.S. companies move abroad for lower tax rates — less financially appealing.

The new regulations, the third round that the Treasury has put forward on inversions, seek to limit internal corporate borrowing that shifts profits out of the United States.

Tax inversions have sparked a political outcry. Last November, drug companies Pfizer and Allergan announced a $160 billion merger deal that could save New York-based Pfizer hundreds of millions of dollars in U.S. taxes annually by moving its headquarters for tax purposes to Ireland, where Allergan is based.

The new rules announced by the US could undermine this deal, however.

Late last night, Pfizer and Allergan issued a joint statement saying that they are reviewing the new Treasury rules and would not speculate on their potential impact.

Investors, however, appeared to think the rules could have a negative impact, and sent Allergan’s shares down nearly 22% in after-hours trading. Pfizer’s shares rose about 2 percent.

Treasury Secretary Jacob Lew said Treasury’s new rules are designed to make inversions less economically beneficial for companies. But he again called on Congress to act to halt the practice.

“Only new anti-inversion legislation can stop these transactions,” Lew said on a conference call with reporters.

Until that time, creative accountants and lawyers will continue to seek new ways for companies to move their tax residences overseas and avoid paying taxes here at home.

Jacob Lew Jacob Lew (File Photo) Source: AP

“Strong legislation”

Several Democrats have announced bills to make it harder for U.S. corporations to invert and President Barack Obama has included proposals in a package of measures to reform corporate taxes.

But prospects for passing such legislation in an election year are not deemed high, given the wide differences between Democrats and Republicans on taxes.

In a statement, Democratic senator Charles Schumer, New York, praised Treasury’s new set of proposals. But he said “the only way to slam the door on inversions for good is to pass tough, strong legislation and reform our tax laws.”

Lew said the new Treasury proposals would also take aim at foreign companies that acquire multiple U.S. firms over a short period of time.

He said that these transactions were being done by what he called “serial inverters” in an effort to keep slashing their U.S. tax liabilities.

Read: Donald Trump is now playing a role he’s not used to – the plucky underdog

Read: Americans are queuing up to slam Pfizer’s tax-inspired move to Ireland

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