To make this more complicated, the IRS has made numerous tax treaties with
other countries. These treaties override our tax code and the partner
country's tax code, unless our Congress has updated our tax code, which then
takes priority.
There is even a tax form for the Arab boycott of Israel. If you get caught in
their boycott issue, it can cost you in taxes.
Tax havens (jurisdictions imposing no taxes) have a growing attraction to
some small business owners. These places typically offer a wider variety of
company organization than is available in the US, exemption from taxation (the
Turks & Cacaos Islands royal governor is currently offering a 20 year
guarantee against taxation, even if their law changes!), and strict secrecy laws
that make it illegal for the IRS or anyone else to find out who owns or operates
the company and what profits or assets it may own. The IRS gets at these things
by constantly searching for offshore activity, and by requiring you to flag such
activity in several places on your domestic tax returns. Failure to do so can
result in penalties and prison sentences.
When you conduct international commerce - especially with a low or no tax
jurisdiction - the IRS will be extremely interested in something called Transfer
Pricing. Essentially the concern is about you setting prices between your
offshore and on-shore subsidiaries to shift profits into lower or tax-free
countries where the IRS may have difficulty getting its full take. To avoid the
harsh audit approach that the IRS takes on this issue, you can request an
Advance Transfer Pricing Agreement. Once the IRS signs off, you can safely
charge inter-company pricing at the rate or using the approach the IRS approves.
But you must keep the supporting documentation updated. This documentation,
which provides the rationale for the price, is often neglected by most
companies, large and small. But if it is not updated annually, the IRS can
impose large penalties and reclassify substantial portions of offshore income.
If the offshore entity does not remit what the IRS wants, then the IRS will take
it from the domestic company and its owners.
We strongly suggest that you consult an international tax specialist in both
the US and the country you are going to do business in to make sure that you do
not accidentally run afoul of the tax laws.