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Analysts and tax experts contend that federal tax-code changes proposed by
President Barack Obama last week likely won't meet his goal of persuading IT
vendors to curb plans for opening and expanding offshore facilities.
The proposed tax changes, which must be approved by Congress, would affect IT
vendors that run various operations overseas by disallowing deductions for
various offshore expenses, including payroll, said Alan Appel, a tax attorney at
Bryan Cave LLP in New York.
"By denying the [payroll] deduction, the hope is that it will be more
expensive to operate offshore and it will give incentives to create jobs in the
U.S.," Appel said.
However, Peter Bendor-Samuel, CEO of Everest Group, an outsourcing
consultancy in Dallas, noted that the major motivation for IT vendors to move
work overseas is the wide gap between salaries in the U.S. and those in many
other countries. A job that pays $100,000 in the U.S. may cost only one-sixth
that amount in India, Bendor-Samuel said.
Siddharth Pai, a partner at outsourcing consultancy Technology Partners
International in Houston, said that IT vendors also establish software and
services operations in countries like India because it's easier to find talented
technical workers in sufficient numbers there. He added that India has a young
population, where as the U.S.'s is older -- demographics that work in India's
favor when companies are debating whether to expand overseas operations.
"If there is a tax consequence, it's de minimis to the overall impact" of
outsourcing, Bendor-Samuel said. In any case, "this idea that people are doing
outsourcing to avoid taxes is simply wrong."
Obama didn't address the wage gap in announcing the tax proposal, but he
argued that the tax code has played a role in the growth of offshoring,
including the outsourcing of jobs for highly skilled professionals.
In his remarks, he said that major Indian IT outsourcing center Bangalore has
been a strong beneficiary of current U.S. tax laws. The U.S. has developed "a
tax code that says you should pay lower taxes if you create a job in Bangalore,
India, than if you create one in Buffalo, N.Y.," Obama said. Current tax laws
give companies that create jobs overseas the ability to take deductions on
expenses "when they do not pay any American taxes on their profits," he added.
Several top U.S. IT vendors, including Cisco, Dell, IBM, Hewlett-Packard and
Microsoft, run software development and services subsidiaries in India.
The proposed tax-code change is about as close as the White House has come to
addressing the controversial issue of IT offshoring. In fact, the administration
has yet to address the H-1B visa program, which is heavily used by Indian
outsourcers to bring foreign workers to the U.S. Experts say it's unknown how or
whether Obama will tackle that issue.
Sang Kim, a partner in the international tax practice in the East Palo Alto,
Calif., office of law firm DLA Piper, said that if anything, the tax code
changes could have unintended consequences that could accelerate the flow of
jobs overseas. A foreign country could, for instance, encourage U.S. companies
to create jobs by offering subsidies that would mitigate the impact of changes
to the U.S. tax code, he said.
"The argument is that it should stem the flow of jobs leaving the U.S., but
the reality is I don't think the jobs are moving outside the U.S. because of tax
policy," Kim said.
Meanwhile, India's National Association of Software and Service Companies
responded responded to Obama's proposal by contending that U.S. businesses with
global operations would have a harder time competing with their European and
Japanese counterparts as a result of the tax changes.
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