U.S. Loses In WTO Ruling On Foreign Sales Corporations
January 24, 2002
A World Trade Organization (WTO) Appellate Body decision has affirmed an earlier
ruling against the U.S. foreign sales corporations (FC) law that grants U.S.
companies tax breaks for business income earned from their overseas operations.
The European Union (EU) complained to the WTO that the U.S. law conferred a
prohibited export subsidy. Four WTO decisions have agreed with the position of
the EU, despite an attempt by the United States to address the problem with the
passage of the Extraterritorial Income Exclusion Act of 2000. The WTO Appellate
Body decision held that the revised law did not withdraw the FSC subsidy. Under
an EU-U.S. agreement, the dispute now will go back to a WTO arbitrator to decide
on the exact amount of possible countermeasures. The arbitrator's report is
expected by the end of March. The WTO decision could cost U.S. businesses as
much as $4 billion a year in lost tax breaks.