“When they go low, we go high.”
“Because you’d be in jail.” —Donald Trump, threatening to jail opponent Hillary Clinton if he wins the presidency, after the Democratic nominee said it is “awfully good that someone with the temperament of Donald Trump is not in charge of the law in our country.” S A9
—Hillary Clinton, taking First Lady Michelle Obama’s advice, ignoring Donald Trump’s attacks on her husband’s infidelities. The Democratic nominee stayed focused on her message, stressing Trump’s history of sexist and racist remarks.
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Tuesday, October 11, 2016 Vol. 11 No. 367
LOPEZ FINDS ALLY IN MARIANO, WHO VOWS TO UPHOLD CLOAs
Another Duterte official stands in way of miners
M
@jonlmayuga
iners have another Cabinet official to contend with, aside from Environment Secretary Regina Paz L. Lopez.
INSIDE
in avoiding tax, trump is merely a small fry
Agrarian Reform Secretary Rafael V. Mariano said he is bent on upholding the validity of issued certificate of land ownership award (CLOA), even if it would affect mining sites, like in the
BusinessSense BusinessMirror
analysis, ideas and commentary from
E1 Tuesday, October 11, 2016
By Jonathan L. Mayuga
www.businessmirror.com.ph
In AvoIdIng TAx, Trump Is merely
A smAll Fry
case of the Tampakan Copper-Gold Project. Mariano said that, if he could have his way, the Tampakan project will not be able to operate, at least under the Duterte administration.
M a r i a no, a m i l it a nt f a r me r leader and advocate, added that he is not keen on canceling the CLOAs issued within the Tampakan mines in Southern Mindanao. Before his appointment to the Depar tment of Ag rar ian Refor m (DAR), Mariano was chairman of the Kilusang Magbubukid ng Pilipinas (KMP), a vocal critic of the miningliberalization policy under the past two administrations. “If there are CLOAs, if the CLOAs are duly registered, beneficiaries are legitimate, if there is no error in the See “Duterte,” A2
BMReports
DonalD Trump, the republican presidential nominee, after speaking about economic policy at the Economic Club of new York at the Waldorf astoria Hotel in new York, September 15, 2016. Damon Winter/the neW York times
By Andrew Ross Sorkin
N
oT paying taxes “makes me smart,” Donald Trump said last week. His surrogates called him “a genius” for his recently revealed tax avoidance strategies. Well, if they are right, the executives running corporate America are absolute virtuosos. An exhaustive study being released recently by a group of researchers shows in detail how Fortune 500 companies have managed to shelter trillions of dollars in profits offshore from being taxed. Trump’s efforts pale by comparison. Worse, the companies have managed to hide many of their tax havens completely, in many cases reporting different numbers to different government agencies to obfuscate exactly how they’ve avoided Uncle Sam. And, yes, it is all legal. The immediate response from many readers may be ire for the companies avoiding taxes—or for Trump. But that’s not the goal of this particular column. In this case,
that kind of thinking may even be counterproductive. Instead, the study—which notes that 58 Fortune 500 companies would owe $212 billion in additional federal taxes, “equal to the entire state budgets of California, Virginia and Indiana combined,” if they were taxed properly—should be a five-alarm call to voters and lawmakers to finally fix the tax system. If all the attention on Trump’s tax bill (or lack of one) isn’t enough to inspire a complete rewrite of the tax code, this study may be. The authors of the report, which include the US PIRG Education Fund and Citizens for Tax Justice, combed through the filings of the Fortune 500 for 2015 and found an astonishing 73 percent “maintained subsidiaries in offshore tax havens.”
Maybe it is to be expected. Companies and individuals complain bitterly that taxes are too high and the rules too complicated, but many corporations and the wealthiest members of our society have found ways to make the tax code work for them. If all the Fortune 500 companies paid taxes on their sheltered profits, the researchers tallied, the government would receive a whopping $717.8-billion windfall. To put that number in context, the 2015 federal budget deficit was $438 billion. However, fixing our corporate tax system alone isn’t the answer to reducing our red ink; it might only be a drop in the bucket given that our total federal debt is nearing $20 trillion. The researchers reported that Apple holds $214.9 billion offshore and would owe $65.4 billion in taxes if that money came back to United States; Nike holds $10.7 billion offshore and would owe $3.6 billion in US taxes; Goldman Sachs holds $28.6 billion offshore, and the report says the company “reports having 987 subsidiaries in offshore tax havens, 537 of which are in Bermuda despite not operating a single legitimate of-
fice in that country, according to its own website.” Rather than moralize about whether it is patriotic to pay taxes— which seems to be a rather polarizing question these days—let’s focus on understanding exactly how companies keep money offshore and find an appealing way to bring back that money to help spur our economy and create jobs for those without them and higher incomes for those who do. It is worth noting that Apple’s recent $14.5-billion tax bill levied by the European Union, which contended that Ireland undertaxed the company, is a good example of money kept offshore to benefit from lower rates. Perhaps it is a twist of irony, but given the European Union’s efforts to collect—which Apple’s chief executive, Tim Cook, called “total political crap”—one question that has emerged is whether US companies may be more inclined to bring money back home rather than risk shifting tax rules in Europe (think Brexit, for example) and elsewhere. Perhaps not surprisingly, it’s hard to figure out exact numbers for money stored abroad because there is so little
transparency in how offshore profits are reported. So, the first element of making a better tax system is simply creating a more transparent way to report offshore profits so policymakers aren’t in an information vacuum. The challenge of transparency is exemplified by this finding: “27 companies reported 16,389 total subsidiaries and 2,836 tax haven subsidiaries to the Federal Reserve, while only reporting 2,279 total subsidiaries and only 410 tax haven subsidiaries to the SEC.” How is that possible? It isn’t because these companies are lying to the SEC (at least, not that we know about). It is because the SEC has been so vague about the definitions of a subsidiary that it’s almost laughable. All agencies should require the same definitions; the Federal Reserve, for example, is much tougher. once we have the actual information, we need to figure out what to do with it. No doubt, companies in the United States—and frankly any business that benefits from our markets—should pay some form of taxes. (Having said that, there are some economists who argue that corporate
taxes should be very little or nothing at all—assuming that individuals and shareholders then pay more.) Citizens for Tax Justice advocates a litany of rules to end the deferral of foreign income, stop tax inversions and remove loopholes like inconsistent guidelines that allow companies to tell “one country that a subsidiary is a corporation while telling another country the same entity is a partnership or some other form.” These are laudable goals. How we resolve the disgraceful patchwork of tax rules and loopholes remains an open question. Democrats want policies that create more revenue, and Republicans want policies that create less revenue in the immediate term (they want lower tax rates and suggest that such rates would spur the economy and therefore ultimately create more revenue). Whatever the ultimate resolution, whoever ends up being the next president has the chance to be considered a true “genius” if he or she tackles the issue in a meaningful and sensible way.
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any footage of trump’s off-air ‘apprentice’ talk under wraps
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A higher priority to job creation THE entrepreneur Manny Villar
T
he Philippines will lead growth in East Asia this year, as it continues to defy the weakness in the global economy while benefiting from increased domestic consumption and government spending, according to the World Bank.
In its latest East Asia Pacific Economic Update, which was released last week, the Washington-based lender said among the large East Asian economies, “prospects are strongest in the Philippines”, which is expected to grow by 6.4 percent this year, a significant acceleration from 5.8 percent in 2015. GDP growth in the first half of 2016 stood at 6.9 percent. Continued on A10
Solons mull over ban on new malls, condos By Jovee Marie N. dela Cruz
Show
T For Casio, Mr. Duterte’s pronouncement of extending nationwide Davao’s post-9 p.m. ban on boisterous crooning via singing machines has eaten into his pockets. “This has been my bread and butter for the last five years,” he said in Filipino. The 67-year-old businessman told the BusinessMirror that leasing his two videoke units to his customers—usually relatives, friends, neighbors and
he House Committee on Transportation is eyeing to include in the emergency-power bill a moratorium in the construction of new condominium buildings and shopping malls in Metro Manila, with the leaders of other concerned committees readily agreeing to the proposal. During the House Committee on Transportation’s hearing on the proposed emergency powers for President Duterte on Monday, Liberal Party Rep. Cesar V. Sarmiento of Catanduanes, the panel chairman, said heavy traffic in the capital may also be attributed to the construction of new condominium and malls. “If I were to be asked, I hope this moratorium will be approved [as a provision in the emergency-power bill]. As you can see, there has been unabated construction of new condominium and malls, these contribute to the traffic,” Sarmiento said. Party-list Rep. Rodel M. Batocabe of Ako Bicol has asked the committee to empower the traffic czar on the planned moratorium, who will be appointed via the emergency powers. “We haven’t talked about the population factor when this is one of the causes why we are having traffic problems.
Continued on A2
See “Solons,” A2
D2
getting better Sports BusinessMirror
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AP PHOTO
| Tuesday, OCTOber 11, 2016 mirror_sports@yahoo.com.ph sports@businessmirror.com.ph Editor: Jun Lomibao Asst. Editor: Joel Orellana
aFteR three preseason games, James harden has three points-assists double-doubles—the most recent one on sunday in shanghai. AP
Harden’s preseason off to a flying start
P
RESEASON statistics often can be misleading. That might not be the case with James Harden right now. After three preseason games, Harden has three pointsassists double-doubles—the most recent one on Sunday in Shanghai, when he had 26 points and 15 assists to help the Houston Rockets beat the New Orleans Pelicans, 123-117, in a National Basketball Association Global Games matchup. “We’re treating every game of preseason like the regular season in order to build good habits,” Harden said. “We don’t take the preseason lightly” Clearly not. The Rockets are 3-0 in exhibitions so far this fall, scoring 131, 130 and now 123 points in those games. Harden is averaging 23.3 points and 12 assists in those three games. And fans in China, where the Rockets are enormously popular anyway—thanks in large part to Yao Ming—have taken to Harden as well, with many sporting fake beards on Sunday to mimic his look. “Great atmosphere,” Harden said. They’ll be seeing even more NBA in China this season. NBA Commissioner Adam Silver announced on Sunday an expansion of the NBA’s partnership with BesTV, one that will see up to 1,300 games per season broadcast in China. “It’s a multimedia partnership that brings the very best in television and technology to the NBA in China,” Silver said. In California Lou Williams scored 15 consecutive points for Los Angeles in the fourth quarter, doing so in a span of less than three minutes and leading the Lakers to a 124-115 victory over the Denver Nuggets for their second preseason win. DeAngelo Russell scored 33 and Williams finished with 25 for the Lakers. Jusuf Nurkic had 21 points and grabbed 16 rebounds for Denver, while Danilo Gallinari scored 19. AP
This was what the National Basketball Association wanted all along. The crowd did not cheer every leap and shot, celebrating instead at all the appropriate times. But, oh, how the 15,844 that filled Mercedes-Benz Arena on Sunday did celebrate.
GETTING
Contributor
BETTER By Jonathan Feigen
S
Houston Chronicle
HANGHAI—As wonderful as that crazy, exhilarating first Rockets’ foray into China had been more than a decade ago, this might have been better. This was what the National Basketball Association (NBA) wanted all along. The crowd did not cheer every leap and shot, celebrating instead at all the appropriate times. But, oh, how the 15,844 that filled Mercedes-Benz Arena on Sunday did celebrate. They were treated to a particularly entertaining show. The Rockets, with Mandarin characters across the chests of their road uniforms, surged past the New Orleans Pelicans in the final minute to take a 123-117 win as players seemed to relish putting on a show as much as those who watched it. “The atmosphere was completely different,” Rockets forward KJ McDaniels said. “Every time we seemed to make a shot or a dunk the crowd was extremely loud. It was extremely intense.” James Harden, serenaded by fans with a Most Valuable Player chant when he went to the line in the first half and again to seal the win with 20.1 seconds left, led the Rockets with 26 points, 15 assists and seven rebounds. Former Pelicans Eric Gordon and Ryan Anderson combined for 45 points. E’Twaun Moore had 25 pointers for
‘THE HAWK,’ 60 A
in this november 10, 1982, file photo, then-World Boxing association junior-welterweight champion aaron Pryor yells as he trains on the speed bag at his Coconut grove training camp in miami. AP
By Roderick L. Abad
the Los angeles Lakers’ Julius Randle (left) drives against the Denver nuggets’ Kenneth Faried in the first quarter of their preseason game in Ontario, California, on sunday. Denver won, 124-115. AP
ARON PRYOR, the relentless junior welterweight who fought two memorable bouts with Alexis Arguello, died on Sunday. He was 60. Pryor’s family issued a statement saying the boxer died at his home in Cincinnati after a long battle with heart disease. Known as “The Hawk,” Pryor was a crowd favorite who fought with a frenetic style, rarely, if ever, taking a step backward. His fights in the early 1980s with Arguello, the great Nicaraguan champion, were both classics that are still talked about in boxing circles. But Pryor was a troubled champion, and his career would unravel because of an addiction to cocaine. “He was very unorthodox and could throw punches from all kinds of angles with great hand speed,” said former Associated Press boxing writer Ed Schuyler Jr. “He was a great fighter, it’s too bad he didn’t have more fights.” Pryor’s widow, Frankie Pryor, said her husband—who would later speak out about the evils of drugs—also had a side most fans didn’t know about.
the Pelicans, while Anthony Davis scored 23 points in 23 minutes before sitting out the fourth quarter. There were relatively few signs of the Rockets being China’s team—until the fourth quarter when they sought to distract Pelicans shooters at the line and roared when Gordon sank a last-minute “3” to put the Rockets back in front. Yao Ming was as always conspicuous, but rather than as a conquering hero brought home, he was a reminder in the front row of how the Rockets and the NBA got here. The old, rickety gym of that first China Games in 2004 had been replaced by an arena that would fit in any NBA city. The entire endeavor seemed to belong. As if inspired by the enthusiasm and electricity that put a charge into the arena, the Rockets and Pelicans turned the game into something ordinary—more like a regular-season game than a preseason workout to get ready for something else—and special at the same time. “We wanted to treat it like that,” Rockets Coach Mike D’Antoni said. “It does help to have the energy of the crowd to get into it. Guys get into it. Both teams played hard for a preseason game. Really good work for our guys.” They could not have missed how their presence was celebrated. But unlike those early years of the 10 NBA ventures into China, fans reacted not with surprise at the exploits, but with anticipation that came from being far more well-informed than when the NBA first planted its flag here. The roars began when Anderson or Gordon went up
to shoot, rather than when shots went in. Harden’s drives brought choruses of ooohs before his pass, as if fans were weighing in on his role as playmaker. Cheers were as loud when McDaniels or Clint Capela grabbed a tough offensive rebound as when they threw down alley-oop passes for two-handed dunks. When Harden fooled New Orleans rookie Buddy Hield into fouling him on a three-pointer, the crowd reacted as if it knew just what Harden was up to before Hield did. “The fans, they really love the game,” Gordon said. “You could just tell by how passionate they are from when we first played here. It’s great to have a chance to play out here.”
“Aaron was known around the world as ‘The Hawk’ and delighted millions of fans with his aggressive and crowdpleasing boxing style,” she said in a statement announcing his death. “But to our family he was a beloved husband, father, grandfather, brother, uncle and friend.” Pryor was unbeaten in 31 fights when he and Arguello met in a 140-pound title clash in the Orange Bowl in Miami on November 12, 1982. Arguello was a classic boxer-puncher considered one of the top pound-for-pound fighters, but Pryor would not back off as the two men traded punches for the better part of 14 rounds. Pryor finally wore Arguello down, stopping him in the 14th round with a flurry of punches. Ring Magazine later picked the bout as the Fight of the Decade. “It was one of the best fights I’ve ever seen,” Schuyler said. “I’d put it in the top 5.” Pryor’s win was marred, though, by questions about a bottle wrapped in black tape that his corner man raised to his lips on several occasions between rounds in the fight. Many in
boxing thought it contained stimulants, but the corner man, Artie Curley, said it was peppermint schnapps. Pryor would beat Arguello again the next September in Las Vegas, this time stopping him in the 10th round of their scheduled 15-round bout. Arguello went down in the round from a series of punches and declined to get back up. “Arguello was a great fighter, but he couldn’t handle Pryor,” Schuyler said. “He could have gotten up, but what was the point?” The second Arguello fight was the pinnacle of Pryor’s career. He became a heavy cocaine user, and fought only six more times in the next seven years, finishing his career with a record of 39-1 with 35 knockouts. “I reached out and certain people did not give me their right hand,” Pryor said later of his drug use. “They gave me drugs.” Pryor was named the “Greatest Jr. Welterweight of the Century” by The Associated Press, and was inducted into the International Boxing Hall of Fame in 1996. He would later travel the world making personal appearances and spreading his antidrug message. AP
I
Changing times
THERE were plenty of other signs this was no ordinary preseason game. The NBA brought in former players Vin Baker, Gary Payton, Kenny Smith, Shane Battier, A.C. Green, Dikembe Mutombo, Mengke Bateer and Yao for the game, along with WNBA star Brianna Stewart and legendary Chinese hurdler Lie Xiang. Beyond playing with former stars and Hall of Famers in the front row, the relentless enthusiasm of the crowd, cheering every strong move and blocked shot far more heartily than at a typical NBA game, seemed to inspire players. They traded hard fouls, argued with officials and played with greater intensity than typically seen in exhibitions like this years ago. Times had changed since then, just as the Rockets and NBA hoped they would.
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Part Two
N a country like the Philippines where videoke is a favorite pastime, President Duterte might be out of tune when he announced his plan—even before assuming office in June—that he would implement a national ban on late-night karaoke sessions. And since Filipinos’ fondness for singing to mu-
PESO exchange rates n US 48.3430
sic videos is usually accompanied with alcohol, his crackdown on drinking in public places, likewise, drew flak. While these pronouncements are considered the usual rhetoric by the Chief Executive, and so nothing official, some businessmen already felt the pinch on their trade. Some entrepreneurs, like Elmer Casio, who runs a videoke-rental business, said they already have incurred losses as the new government turned 100 days old.
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n japan 0.4681 n UK 59.9743 n HK 6.2318 n CHINA 7.2429 n singapore 35.1969 n australia 36.7455 n EU 54.0281 n SAUDI arabia 12.8891
Source: BSP (10 October 2016 )