Information on Federal Contractors That Are Incorporated Offshore
Gao ID: GAO-03-194R October 1, 2002Some U.S.-based multinational companies have found that the effective tax rate on income earned from foreign sources can be reduced if they are incorporated in countries that either do not tax corporate income at all or tax the income at a lower rate than the U.S. corporate tax rate. Consequently, some U.S.-based companies incorporate from the outset in these so-called "tax haven" countries. In addition, some companies that were incorporated in the United States have reincorporated in tax haven countries through "corporate inversion transactions." According to the Department of the Treasury, the term "inversion" is used to describe a transaction through which a U.S.-based multinational company restructures its corporate group so that after the transaction the ultimate parent of the corporate group is a foreign corporation. After an inversion transaction, shareholders of the former U.S. parent company hold stock of the newly formed foreign parent, and the operations of the company are unchanged. Treasury also noted that there has been a marked increase recently in the frequency, size, and profile of inversion transactions. Four of the top 100 federal contractors that are publicly traded corporations are incorporated in a tax haven country. The four corporations accounted for $2.7 billion for contract obligations in fiscal year 2001, which is 2.6 percent of the $102 billion in federal contract obligations awarded to the top 100 publicly traded corporations. Three of the four corporations have engaged in transactions that have been characterized as inversions.
GAO-03-194R, Information on Federal Contractors That Are Incorporated Offshore
This is the accessible text file for GAO report number GAO-03-194R
entitled 'Information on Federal Contractors That Are Incorporated
Offshore' which was released on October 1, 2003.
This text file was formatted by the U.S. Government Accountability
Office (GAO) to be accessible to users with visual impairments, as part
of a longer term project to improve GAO products' accessibility. Every
attempt has been made to maintain the structural and data integrity of
the original printed product. Accessibility features, such as text
descriptions of tables, consecutively numbered footnotes placed at the
end of the file, and the text of agency comment letters, are provided
but may not exactly duplicate the presentation or format of the printed
version. The portable document format (PDF) file is an exact electronic
replica of the printed version. We welcome your feedback. Please E-mail
your comments regarding the contents or accessibility features of this
document to Webmaster@gao.gov.
This is a work of the U.S. government and is not subject to copyright
protection in the United States. It may be reproduced and distributed
in its entirety without further permission from GAO. Because this work
may contain copyrighted images or other material, permission from the
copyright holder may be necessary if you wish to reproduce this
material separately.
GAO-03-194R:
United States General Accounting Office:
Washington, DC 20548:
October 1, 2002:
The Honorable Henry A. Waxman:
Ranking Minority Member:
Committee on Government Reform:
House of Representatives:
The Honorable Jim Turner:
Ranking Minority Member:
Subcommittee on Technology and Procurement Policy:
Committee on Government Reform:
House of Representatives:
Subject: Information on Federal Contractors That Are Incorporated
Offshore:
Some U.S.-based multinational companies have found that the effective
tax rate on income earned from foreign sources can be reduced if they
are incorporated in countries that either do not tax corporate income
at all or tax the income at a lower rate than the U.S. corporate tax
rate. Consequently, some U.S.-based companies incorporate from the
outset in these so-called "tax haven" countries.[Footnote 1] In
addition, some companies that were incorporated in the United States
have reincorporated in tax haven countries through "corporate
inversion transactions."
According to the Department of the Treasury, the term "inversion" is
used to describe a broad category of transactions through which a U.S.-
based multinational company restructures its corporate group so that
after the transaction the ultimate parent of the corporate group is a
foreign corporation.[Footnote 2] Generally, after an inversion
transaction, shareholders of the former U.S. parent company hold stock
of the newly formed foreign parent, and the operations of the company
are unchanged. Treasury also noted that there has been a marked
increase recently in the frequency, size, and profile of inversion
transactions. This year, several bills have been introduced in
Congress that address such transactions.
You asked us for information on the extent to which large federal
contractors are incorporated offshore. In response, we agreed to
determine which, if any, of the largest 100 publicly traded federal
contractors are incorporated in a tax haven country or have engaged in
a transaction characterized by independent observers as an inversion.
We used the General Services Administration's listing of top federal
contractors to identify (1) the top 100 federal contractors that are
publicly traded corporations and (2) the total dollar amount that was
obligated in fiscal year 2001. We reviewed various public documents
filed by the corporations with the Securities and Exchange Commission
(SEC) on its Electronic Data Gathering, Analysis, and Retrieval
(EDGAR) system to identify the state or country where the contractor
is incorporated. When the data we needed to do our analysis were not
available on EDGAR, we obtained our information from the corporations'
Web sites and from published reports. To determine whether a country
is considered a tax haven, we made reference to the work the
Organization for Economic Cooperation and Development did on tax haven
countries.[Footnote 3] Finally, to determine whether a transaction has
been characterized as an inversion, we reviewed the corporations' SEC
filings and reports published by organizations, including
Congressional Research Service and the New York State Bar Association
Tax Section. We did our work in August and September 2002 in
accordance with generally accepted government auditing standards.
Results:
Four of the top 100 federal contractors that are publicly traded
corporations are incorporated in a tax haven country. Table 1 lists
the four corporations, the dollar amount of their federal contract
obligations in fiscal year 2001, the country where they are
incorporated, and the year of incorporation.
Table 1: Federal Contractors, out of the Top 100 Publicly Traded
Federal Contractors, Incorporated in a Tax Haven Country:
Name of corporation: McDermott International, Inc.
Federal contract obligations FY 2001 (dollars in thousands):
$1,885,243;
Incorporation location: Panama;
Incorporation date: 1983.
Name of corporation: Foster Wheeler, Ltd.
Federal contract obligations FY 2001 (dollars in thousands): $286,298;
Incorporation location: Bermuda;
Incorporation date: 2001.
Name of corporation: Accenture, Ltd.
Federal contract obligations FY 2001 (dollars in thousands): $278,990;
Incorporation location: Bermuda;
Incorporation date: 2001.
Name of corporation: Tyco International, Ltd.
Federal contract obligations FY 2001 (dollars in thousands): $206,387;
Incorporation location: Bermuda;
Incorporation date: 1997.
Source: GAO analysis of General Services Administration contract data
and SEC records.
[End of table]
The four corporations accounted for about $2.7 billion for contract
obligations in fiscal year 2001, which is about 2.6 percent of the
$102 billion in federal contract obligations awarded to the top 100
publicly traded corporations. (See enclosure I for a list of the top
100 publicly traded federal contractors.)
Three of the four corporations (McDermott International, Inc., Foster
Wheeler, Ltd., and Tyco International, Ltd.) have engaged in
transactions that have been characterized as inversions.[Footnote 4]
The enclosure provides more information on how the four corporations
became incorporated offshore.
We are sending copies of this letter to the Chairman of the House
Committee on Government Reform and the Chairman of the Subcommittee on
Technology and Procurement Policy of the House Committee on Government
Reform; the Chairmen and Ranking Minority Members of the House
Committee on Ways and Means and the Senate Committee on Finance; and
other interested parties. We will also make copies available to others
upon request. In addition, this letter will be available at no charge
on the GAO Web site at [hyperlink, http://www.gao.gov].
If you or your staff have any questions, please contact me on (202)
512-9110 or Ralph Block on (415) 904-2150.
Signed by:
James R. White Director, Tax Issues:
Enclosure:
[End of section]
Enclosure: Information on Corporations Receiving Federal Contracts and
Those That Are Incorporated Offshore:
The following table lists the top 100 federal contractors that are
publicly owned corporations, the dollar amount of their fiscal year
2001 federal contracts, the state or country where they are
incorporated, and the year of incorporation.
Table 2: Top 100 Publicly Traded Federal Contractors:
Rank: 1;
Company name: Lockheed Martin Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$17,951,303;
Incorporation location: Maryland;
Incorporation date: 1995.
Rank: 2;
Company name: The Boeing Company;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$14,362,243;
Incorporation location: Delaware;
Incorporation date: 1916.
Rank: 3;
Company name: Raytheon Company;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$6,123,605;
Incorporation location: Delaware;
Incorporation date: 1998.
Rank: 4;
Company name: Newport News Shipbuilding, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$5,689,359;
Incorporation location: Delaware;
Incorporation date: 1996.
Rank: 5;
Company name: Northrop Grumman Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$5,636,124;
Incorporation location: Delaware;
Incorporation date: 1985.
Rank: 6;
Company name: General Dynamics Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$4,928,238;
Incorporation location: Delaware;
Incorporation date: 1952.
Rank: 7;
Company name: United Technologies Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$3,500,465;
Incorporation location: Delaware;
Incorporation date: 1934.
Rank: 8;
Company name: Science Applications International Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$2,654,492;
Incorporation location: Delaware;
Incorporation date: 1984.
Rank: 9;
Company name: TRW, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$2,499,816;
Incorporation location: Ohio;
Incorporation date: 1916.
Rank: 10;
Company name: AmerisourceBergen Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$1,900,969;
Incorporation location: Delaware;
Incorporation date: 2001.
Rank: 11;
Company name: McDermott International, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$1,885,243;
Incorporation location: Panama;
Incorporation date: 1983.
Rank: 12;
Company name: General Electric Company;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$1,808,984;
Incorporation location: New York;
Incorporation date: 1892.
Rank: 13;
Company name: American Management Systems, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$1,675,676;
Incorporation location: Delaware;
Incorporation date: 1970.
Rank: 14;
Company name: Computer Sciences Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$1,648,495;
Incorporation location: Nevada;
Incorporation date: 1959.
Rank: 15;
Company name: Honeywell International, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$1,442,018;
Incorporation location: Delaware;
Incorporation date: 1985.
Rank: 16;
Company name: BAE Systems, plc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$972,526;
Incorporation location: United Kingdom;
Incorporation date: 1977.
Rank: 17;
Company name: Health Net, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$944,618;
Incorporation location: Delaware;
Incorporation date: 1990.
Rank: 18;
Company name: Fluor Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$931,885;
Incorporation location: Delaware;
Incorporation date: 2000.
Rank: 19;
Company name: ITT Industries, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$879,772;
Incorporation location: Indiana;
Incorporation date: 1995.
Rank: 20;
Company name: Alliant Techsystems, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$862,269;
Incorporation location: Delaware;
Incorporation date: 1990.
Rank: 21;
Company name: Exxon Mobil Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$707,283;
Incorporation location: New Jersey;
Incorporation date: 1882.
Rank: 22;
Company name: The IT Group, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$671,977;
Incorporation location: Delaware;
Incorporation date: 1987.
Rank: 23;
Company name: Philipp Holzmann AG;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$655,360;
Incorporation location: Germany;
Incorporation date: 1849.
Rank: 24;
Company name: Textron, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$600,533;
Incorporation location: Delaware;
Incorporation date: 1967.
Rank: 25;
Company name: Oshkosh Truck Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$566,511;
Incorporation location: Wisconsin;
Incorporation date: 1917.
Rank: 26;
Company name: Electronic Data Systems Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$560,767;
Incorporation location: Delaware;
Incorporation date: 1994.
Rank: 27;
Company name: Motorola, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$552,520;
Incorporation location: Delaware;
Incorporation date: 1947.
Rank: 28;
Company name: Unisys Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$549,905;
Incorporation location: Delaware;
Incorporation date: 1999.
Rank: 29;
Company name: Jacobs Engineering Group, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$536,130;
Incorporation location: Delaware;
Incorporation date: 1987.
Rank: 30;
Company name: Halliburton Company;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$534,177;
Incorporation location: Delaware;
Incorporation date: 1924.
Rank: 31;
Company name: Washington Group International, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$531,234;
Incorporation location: Delaware;
Incorporation date: 1993.
Rank: 32;
Company name: WorldCom, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$503,811;
Incorporation location: Georgia;
Incorporation date: 1983.
Rank: 33;
Company name: International Business Machines Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$498,656;
Incorporation location: New York;
Incorporation date: 1911.
Rank: 34;
Company name: Dell Computer Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$493,423;
Incorporation location: Delaware;
Incorporation date: 1987.
Rank: 35;
Company name: L-3 Communications Holdings, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$482,248;
Incorporation location: Delaware;
Incorporation date: 1997.
Rank: 36;
Company name: BP, plc;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$480,858;
Incorporation location: United Kingdom;
Incorporation date: 1998.
Rank: 37;
Company name: Affiliated Computer Services, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$451,067;
Incorporation location: Delaware;
Incorporation date: 2001.
Rank: 38;
Company name: DaimlerChrysler AG;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$435,921;
Incorporation location: Germany;
Incorporation date: 1998.
Rank: 39;
Company name: The Titan Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$424,087;
Incorporation location: Delaware;
Incorporation date: 1986.
Rank: 40;
Company name: Cardinal Health, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$422,120;
Incorporation location: Ohio;
Incorporation date: 1979.
Rank: 41;
Company name: Anteon International Corporation[B];
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$406,304;
Incorporation location: Delaware;
Incorporation date: 1996.
Rank: 42;
Company name: GTSI Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$402,408;
Incorporation location: Delaware;
Incorporation date: 1983.
Rank: 43;
Company name: AT&T Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$398,326;
Incorporation location: New York;
Incorporation date: 1885.
Rank: 44;
Company name: Humana, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$394,135;
Incorporation location: Delaware;
Incorporation date: 1964.
Rank: 45;
Company name: Harris Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$389,970;
Incorporation location: Delaware;
Incorporation date: 1926.
Rank: 46;
Company name: CACI International, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$380,524;
Incorporation location: Delaware;
Incorporation date: 1985.
Rank: 47;
Company name: Rockwell International Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$372,131;
Incorporation location: Delaware;
Incorporation date: 1996.
Rank: 48;
Company name: The Wackenhut Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$356,968;
Incorporation location: Florida;
Incorporation date: 1958.
Rank: 49;
Company name: Rolls-Royce, plc;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$327,792;
Incorporation location: United Kingdom;
Incorporation date: 1906.
Rank: 50;
Company name: Engineered Support Systems, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$321,384;
Incorporation location: Missouri;
Incorporation date: 1981.
Rank: 51;
Company name: Valero Energy Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$310,202;
Incorporation location: Delaware;
Incorporation date: 1981.
Rank: 52;
Company name: Goodrich Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$308,283;
Incorporation location: New York;
Incorporation date: 1912.
Rank: 53;
Company name: Johnson Controls, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$299,592;
Incorporation location: Wisconsin;
Incorporation date: 1900.
Rank: 54;
Company name: CNF, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$295,113;
Incorporation location: Delaware;
Incorporation date: 1958.
Rank: 55;
Company name: Anthem, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$293,153;
Incorporation location: Indiana;
Incorporation date: 2001.
Rank: 56;
Company name: ManTech International Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$291,513;
Incorporation location: New Jersey;
Incorporation date: 1968.
Rank: 57;
Company name: Foster Wheeler, Ltd.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$286,298;
Incorporation location: Bermuda;
Incorporation date: 2001.
Rank: 58;
Company name: Accenture, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$278,990;
Incorporation location: Bermuda;
Incorporation date: 2001.
Rank: 59;
Company name: URS Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$262,489;
Incorporation location: Delaware;
Incorporation date: 1991.
Rank: 60;
Company name: SRA International, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$234,926;
Incorporation location: Delaware;
Incorporation date: 1984.
Rank: 61;
Company name: Rockwell Collins, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$234,075;
Incorporation location: Delaware;
Incorporation date: 2001.
Rank: 62;
Company name: The Procter and Gamble Company;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$224,212;
Incorporation location: Ohio;
Incorporation date: 1837.
Rank: 63;
Company name: General Motors Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$222,440;
Incorporation location: Delaware;
Incorporation date: 1916.
Rank: 64;
Company name: FedEx Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$214,907;
Incorporation location: Delaware;
Incorporation date: 1997.
Rank: 65;
Company name: Oracle Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$212,468;
Incorporation location: Delaware;
Incorporation date: 1986.
Rank: 66;
Company name: Tetra Tech, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$211,705;
Incorporation location: Delaware;
Incorporation date: 1988.
Rank: 67;
Company name: Verizon Communications, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$207,210;
Incorporation location: Delaware;
Incorporation date: 1983.
Rank: 68;
Company name: Tyco International, Ltd.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$206,387;
Incorporation location: Bermuda;
Incorporation date: 1997.
Rank: 69;
Company name: Motor Oil (Hellas) Corinth Refineries S.A.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$199,462;
Incorporation location: Greece;
Incorporation date: 1970.
Rank: 70;
Company name: Archer Daniels Midland Company;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$189,876;
Incorporation location: Delaware;
Incorporation date: 1923.
Rank: 71;
Company name: Veridian Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$188,960;
Incorporation location: Delaware;
Incorporation date: 1986.
Rank: 72;
Company name: Smiths Group, plc;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$184,232;
Incorporation location: United Kingdom;
Incorporation date: 2000.
Rank: 73;
Company name: Ford Motor Company;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$179,126;
Incorporation location: Delaware;
Incorporation date: 1919.
Rank: 74;
Company name: Texas Instruments, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$178,631;
Incorporation location: Delaware;
Incorporation date: 1938.
Rank: 75;
Company name: Computer Associates International;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$172,202;
Incorporation location: Delaware;
Incorporation date: 1974.
Rank: 76;
Company name: United Industrial Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$171,044;
Incorporation location: Delaware;
Incorporation date: 1959.
Rank: 77;
Company name: Orbital Sciences Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$161,286;
Incorporation location: Delaware;
Incorporation date: 1987.
Rank: 78;
Company name: Ball Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$153,613;
Incorporation location: Indiana;
Incorporation date: 1922.
Rank: 79;
Company name: Parker-Hannifin Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$153,562;
Incorporation location: Ohio;
Incorporation date: 1938.
Rank: 80;
Company name: Philip Morris Companies, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$149,634;
Incorporation location: Virginia;
Incorporation date: 1919.
Rank: 81;
Company name: Xerox Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$139,224;
Incorporation location: New York;
Incorporation date: 1906.
Rank: 82;
Company name: Sprint Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$136,200;
Incorporation location: Kansas;
Incorporation date: 1938.
Rank: 83;
Company name: ConAgra Foods, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$131,850;
Incorporation location: Delaware;
Incorporation date: 1975.
Rank: 84;
Company name: GenCorp, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$131,848;
Incorporation location: Ohio;
Incorporation date: 1915.
Rank: 85;
Company name: Siemens AG;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$124,452;
Incorporation location: Germany;
Incorporation date: 1966.
Rank: 86;
Company name: Roy F. Weston, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$124,380;
Incorporation location: Pennsylvania;
Incorporation date: 1957.
Rank: 87;
Company name: Holly Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$121,831;
Incorporation location: Delaware;
Incorporation date: 1947.
Rank: 88;
Company name: McKesson Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$121,526;
Incorporation location: Delaware;
Incorporation date: 1994.
Rank: 89;
Company name: Telos Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$118,803;
Incorporation location: Maryland;
Incorporation date: 1972.
Rank: 90;
Company name: KPMG Consulting, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$117,456;
Incorporation location: Delaware;
Incorporation date: 1999.
Rank: 91;
Company name: Cubic Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$117,054;
Incorporation location: Delaware;
Incorporation date: 1984.
Rank: 92;
Company name: PC Connection, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$116,919;
Incorporation location: Delaware;
Incorporation date: 1997.
Rank: 93;
Company name: DRS Technologies, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$116,395;
Incorporation location: Delaware;
Incorporation date: 1968.
Rank: 94;
Company name: Avaya, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$115,079;
Incorporation location: Delaware;
Incorporation date: 2000.
Rank: 95;
Company name: Hillenbrand Industries, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$114,456;
Incorporation location: Indiana;
Incorporation date: 1969.
Rank: 96;
Company name: Furniture Brands International, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$112,395;
Incorporation location: Delaware;
Incorporation date: 1921.
Rank: 97;
Company name: Berkshire Hathaway, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$111,993;
Incorporation location: Delaware;
Incorporation date: 1973.
Rank: 98;
Company name: Lucent Technologies, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$107,402;
Incorporation location: Delaware;
Incorporation date: 1995.
Rank: 99;
Company name: WGL Holdings, Inc.
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$105,260;
Incorporation location: Virginia;
Incorporation date: 2000.
Rank: 100;
Company name: Olin Corporation;
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$104,121;
Incorporation location: Virginia;
Incorporation date: 1892.
Total:
Federal contract obligations FY 2001 (dollars in thousands)[A]:
$101,770,865.
[A] Contract obligations include contracts with subsidiaries.
According to a General Services Administration (GSA) official, GSA
follows a multi-step process (that includes using Dun & Bradstreet
assigned D-U-N-S numbers, company names, and company affiliations) to
aggregate federal contracts by company. We did not verify GSA's
federal contractors listing for accuracy or completeness.
[B] Formerly Azimuth Technologies, Inc.
Source: General Services Administration, Securities and Exchange
Commission, and GAO Internet research.
[End of table]
Four of the top 100 federal contractors that are publicly traded
corporations are incorporated in a tax haven country. Information on
when these four corporations (McDermott International, Inc., Foster
Wheeler, Ltd., Accenture, Ltd., and Tyco International, Ltd.) were
incorporated in a tax haven country is discussed below.
McDermott International, Inc.: With over $1.8 billion in federal
contract obligations in fiscal year 2001, McDermott International was
the 11th largest publicly traded federal contractor. Almost three-
quarters of the contracts awarded to McDermott International, Inc. and
its subsidiaries and their joint ventures were with the Department of
Energy (DOE). Most of the contract amounts were for providing
facilities support services at Department of Energy facilities in Oak
Ridge, Tenn., and Albuquerque, N. Mex. Other Energy Department
contracts were for work related to nuclear reactors, hazardous waste
clean up and Strategic Petroleum Reserve operations.
McDermott International's filings with the SEC and McDermott
International's Web site did not contain information on the
circumstances surrounding its incorporation in Panama. However, a May
2002 report by the New York State Bar Association provides some
background on how McDermott Incorporated, a U.S.-based corporation,
exchanged shares with McDermott International to become a Panama-based
corporation.[Footnote 5] McDermott Incorporated, which was
incorporated in Delaware in 1946, had a Panamanian subsidiary,
McDermott International. In 1983, shareholders of McDermott
Incorporated exchanged their shares for McDermott International shares.
Foster Wheeler, Ltd.: With over $280 million in federal contract
obligations in fiscal year 2001, Foster Wheeler, Ltd., was the 57th
largest publicly traded federal contractor. Sixty-two percent of
Foster Wheeler contracts were with the Department of Defense, with
another 34 percent held by the Department of Energy. Fifty-three
percent of the contract dollars were for hazardous waste cleanup or
other environmental services, with another one-third for facilities
maintenance or construction.
According to filings with the SEC, the Foster Wheeler Corporation was
originally incorporated in New York in 1900 and reorganized to become
a Bermuda corporation in 2001. In order to accomplish its change in
domicile, it established a new subsidiary, Foster Wheeler, Ltd., based
in Bermuda and wholly owned by Foster Wheeler Corporation. Foster
Wheeler, Ltd., indirectly owned another company, Foster Wheeler LLC, a
Delaware company. On May 25, 2001, Foster Wheeler LLC became the
surviving entity of a merger with Foster Wheeler Corporation. Because
Foster Wheeler LLC was already a subsidiary of Foster Wheeler, Ltd.,
the Bermuda corporation became the new parent company. All shares in
the Foster Wheeler Corporation were converted into shares of Foster
Wheeler, Ltd. According to the prospectus to shareholders filed with
the SEC, the Foster Wheeler Corporation made this transaction to have
a more favorable regulatory environment, attract non-US investors,
improve their worldwide effective tax rate, and provide for greater
flexibility to restructure.
Accenture, Ltd.: With about $280 million in federal contract
obligations, Accenture was the 58th largest publicly traded federal
contractor in fiscal year 2001. Accenture contracted with many
departments of the government, but about 43 percent of its contracts
were with the Department of Defense. About 98 percent of Accenture's
contract dollars are for automatic data processing and
telecommunications services and equipment.
According to SEC filings, Accenture, Ltd. was incorporated in Bermuda
in 2001. The company was formerly associated with Arthur Anderson and
Andersen Worldwide. Prior to incorporating in Bermuda, Accenture was
operating as a series of related partnerships and corporations under
the control of its partners through the mechanism of contracts with a
Swiss coordinating entity. In April 2001, Accenture's partners voted
to pursue an initial public offering. According to the prospectus
filed with the SEC, the partners were to generally exchange all of
their interests in these partnerships and corporations for Accenture
stock.
Tyco International, Ltd.: With over $200 million in federal contract
obligations, Tyco International was the 68th largest publicly traded
federal contractor in fiscal year 2001. About 76 percent of Tyco's
federal contracts are with the Department of Defense. The contracts
are for such products and services as aeronautical and nautical system
manufacturing, architect and engineering services, construction and
restoration of facilities, maintenance and repairs, general purpose
machine manufacturing, and environmental consulting services.
According to SEC filings, in 1997 Tyco International, Ltd.,
incorporated in Massachusetts, merged into ADT Limited, a Bermuda
corporation. The name of the combined company was changed from ADT
Limited to Tyco International, Ltd. Each Tyco share was converted to
one share of stock in the combined company. In a press release, Tyco
said that the combined company would provide cost, marketing, and
service synergies. According to the prospectus to shareholders filed
with the SEC, keeping the company incorporated in Bermuda would allow
the combined company to preserve certain advantages enjoyed by AI)T
Limited. For example, Tyco International reported that its overall tax
savings was over $400 million in 2001.
[End of section]
Footnotes:
[1] The term "tax haven" is generally used in research and the media
to refer to countries that have no or nominal taxes. Multinational
companies incorporated in a tax haven may have U.S. based subsidiaries
that pay U.S. taxes. The Organization for Economic Cooperation and
Development (OECD) has developed criteria for identifying countries
that may engage in harmful tax competition in the form of tax havens.
[2] Department of the Treasury, Office of Tax Policy, Corporate
Inversion Transactions: Tax Policy Implications (Washington, D.C.: May
17, 2002).
[3] Organization for Economic Cooperation and Development, Towards
Global Tax Co-operation: Progress in Identifying and Eliminating
Harmful Tax Practices (2000); Organization for Economic Cooperation
and Development, The OECD's Project on Harmful Tax Practices: The 2001
Progress Report (November 2001); and OECD's List of Unco-operative Tax
Havens (April 18, 2002). We referred to OECD's list of 31 countries
that have made commitments to end "harmful tax practices" by December
31, 2005, as well as to OECD's list of seven countries that have not
made such commitments. The commitments are to transparency and
effective exchange of information. In this report we refer to these 38
countries as tax havens.
[4] New York State Bar Association Tax Section, Report on Outbound
Inversion Transactions, Report No. 1014 (Albany, N.Y.: May 24, 2002)
and Congressional Research Service, Firms That Incorporate Abroad for
Tax Purposes: Corporate "Inversions" and "Expatriation" (Washington,
D.C.: Sept. 20, 2002).
[5] New York State Bar Association Tax Section, Report on Outbound
Inversion Transactions, Report No. 1014 (Albany, N.Y.: May 24, 2002).
[End of section]
