Does the U.S. Have to Be a Tax Haven?

The United States is the world’s preeminent tax haven. Tax havens are defined as allowing secrecy and having low or zero tax rates; for nonresident aliens, the United States offers both. The secrecy results from the fact that, in many U.S. states, it is possible to form a corporate entity without having to disclose information about the identity of the owner. This situation is beginning to change because of the Corporate Transparency Act, but the law has been challenged as unconstitutional. Even this would only apply for U.S. government nontax purposes. A nonresident alien who uses a U.S. limited liability company to shield income from taxation in their home country would be able to rely on the secrecy provided by U.S. state law.

Publication Details

Journal
eYLS (Yale Law School)
Published
2024-11-04
Primary Topic
Financial Literacy and Behavior
Type
article
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article

Does the U.S. Have to Be a Tax Haven?

eYLS (Yale Law School)
Financial Literacy and Behavior
article

Does the U.S. Have to Be a Tax Haven?

article en

Abstract

The United States is the world’s preeminent tax haven. Tax havens are defined as allowing secrecy and having low or zero tax rates; for nonresident aliens, the United States offers both. The secrecy results from the fact that, in many U.S. states, it is possible to form a corporate entity without having to disclose information about the identity of the owner. This situation is beginning to change because of the Corporate Transparency Act, but the law has been challenged as unconstitutional. Even this would only apply for U.S. government nontax purposes. A nonresident alien who uses a U.S. limited liability company to shield income from taxation in their home country would be able to rely on the secrecy provided by U.S. state law.

eYLS (Yale Law School)
Peace, Justice and strong institutions
Openalex Percentile: Top 32%
Financial Literacy and Behavior
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Does the U.S. Have to Be a Tax Haven? · eYLS (Yale Law School) (2024) | TGRS Research Map | TGRS