Halliburton subsidiary KBR skirts US taxes in Cayman Islands

It’s been a while since we’ve heard any new Halliburton-related outrages, so I suppose we were due. The latest is evidence that Halliburton subsidiary KBR used a creative Cayman Islands-based scheme to avoid paying employment taxes. (thanks to reader E.S. for the tip)

Kellogg Brown & Root, the nation’s top Iraq war contractor and until last year a subsidiary of Halliburton Corp., has avoided paying hundreds of millions of dollars in federal Medicare and Social Security taxes by hiring workers through shell companies based in this tropical tax haven.

More than 21,000 people working for KBR in Iraq – including about 10,500 Americans – are listed as employees of two companies that exist in a computer file on the fourth floor of a building on a palm-studded boulevard here in the Caribbean. Neither company has an office or phone number in the Cayman Islands.

The Defense Department has known since at least 2004 that KBR was avoiding taxes by declaring its American workers as employees of Cayman Islands shell companies, and officials said the move allowed KBR to perform the work more cheaply, saving Defense dollars.

But the use of the loophole results in a significantly greater loss of revenue to the government as a whole, particularly to the Social Security and Medicare trust funds. And the creation of shell companies in places such as the Cayman Islands to avoid taxes has long been attacked by members of Congress.

A Globe survey found that the practice is unusual enough that only one other major contractor in Iraq said it does something similar.

Sen. John Kerry, who has introduced legislation to close loopholes for companies registering overseas, added, “Failing to contribute to Social Security and Medicare thousands of times over isn’t shielding the taxpayers they claim to protect, it’s costing our citizens in the name of short-term corporate greed.”

The closer one looks at this, the more scandalous it appears.

Social Security and Medicare taxes amount to 15.3 percent of each employees’ salary, split evenly between the worker and the employer. While KBR’s use of the shell companies saves workers their half of the taxes, it deprives them of future retirement benefits.

In addition, the practice enables KBR to avoid paying unemployment taxes in Texas, where the company is registered, amounting to between $20 and $559 per American employee per year, depending on the company’s rate of turnover.

As a result, workers hired through the Cayman Island companies cannot receive unemployment assistance should they lose their jobs.

In interviews with more than a dozen KBR workers registered through the Cayman Islands companies, most said they did not realize that they had been employed by a foreign firm until they arrived in Iraq and were told by their foremen, or until they returned home and applied for unemployment benefits.

It’s worth noting, of course, that KBR is by far the largest contractor in Iraq — with an estimated $16 billion in contracts, the former Halliburton subsidiary has “eight times the work of its nearest competitor.” Then again, other top contractors, including Bechtel and Parsons, don’t set up shell companies in the Cayman Islands to avoid employment taxes.

What’s more, Amanda notes that the Bush administration “has aided this tax dodging.”

One of KBR’s shell companies is Overseas Administrative Services, which was set up two months after Cheney became Halliburtion’s CEO in 1995. Since at least 2004, the Pentagon has known about KBR’s practices, but chosen to ignore the issue.

Of course, KBR is more than happy to claim workers as its own in one instance: when seeking “legal immunity extended to employers working in Iraq.”

The mind reels.

Give Halliburton a break. They’re kind enough to let us use their employee, Cheney.

  • What unpatriotic partners we’ve hired to help us fight our Great Patriotic War. Next thing you know they’ll be price-gouging us too for the service rendered, or allegedly rendered.

    And at least they don’t have to spend any of those off-shored and tax-sheltered obscene profits on lawsuits settling lawsuits from their sexually abused employees. Bastards.

  • Not mine. It’ d be reeling if the were NOT the case. But I read this and just shrug, “Figures.”

    Mr. Furious speaks the truth.

    Well, types the truth.

  • Next question – why would KBR do this when they are working on a cost plus arrangement? It seems their profits would be higher if they actually had more costs? Could it be that the people they negotiated their deals with actually suggested this as one way to cut costs? Just wondering.

  • That’s one way to get rid of Medicare and Social Security. Fits right in with the Republican goals. As for the unemployment insurance, oh well, out of work people are lazy slugs, don’t you know. Pull yourselves up by your bootstraps, People!!!!

  • How long until Bush uses this to argue this as proof that Social Security is unsustainable and needs to be privatized?

  • They can rob the country of milliions and get away with it, but some kid has a gram too much of pot on him and goes to jail for a year.

  • Of course, KBR is more than happy to claim workers as its own in one instance: when seeking “legal immunity extended to employers working in Iraq.”

    So if they’re not employees of KBR but a Cayman Islands shell company, do they not have legal immunity?

    Could rapists and the aiders and abetters of rapists still be held to account? Not to mention murderers-on-rampage.

  • Jaded here. Just Jaded. I swear, nothing from this administration surprises me anymore.

    Actually, one thing might. That would be if they ever actually obeyed a law, anywhere.

    Since it hasn’t happened, I guess I won’t be surprised.

  • More from the article:

    “Does anybody know what or where in the Grand Cayman Islands SEII is located?” a recently returned worker wrote in a complaint about the company on JobVent.com, an employment website. He speculated that the office in the Cayman Islands must be “the size of a jail cell . . . with only a desk and chair.”

    In fact, the address on file at the Registry of Companies in the Cayman Islands leads to a nondescript building in the Grand Cayman business district that houses Trident Trust, one of the Caymans’ largest offshore registered agents. Trident Trust collects $1,000 a year to forward mail and serve as KBR’s representative on the island.

    The real managers of Service Employers International work out of KBR’s office in Dubai. KBR and Halliburton, which also moved to Dubai, severed ties last year.

    Both KBR and the US military appear to regard Service Employers International and KBR interchangeably, except for tax purposes. According to the Defense Contract Auditing Agency, KBR bills the Service Employers workers as “direct labor costs,” and charges almost the same amount for them as for direct hires.

    The contract that workers sign in Houston before traveling to Iraq commits workers to abide by KBR’s code of ethics and dispute-resolution mechanisms but states that the agreement is with Service Employers International.

    Some workers said they were told that Service Employers International was just KBR’s payroll company. Others mistook the name as a reference to the well-known, large union, Service Employees International.

    Henry Bunting, a Houston man who served as a procurement officer for a KBR project in Iraq in 2003, said he first found out that he was working for a foreign subsidiary when he looked closely at his paycheck.

    “Their whole mindset was deceit,” Bunting said. He said that he wrote to KBR several times asking for a W-2 form so he could file his taxes, but that KBR never responded.

    David Boiles, a truck driver in Iraq from 2004 to 2006, said that he realized he was working for Service Employers International when he arrived in Iraq and his foreman told him he was not a KBR employee, despite the fact that his military-issued identification card said “KBR.”

    “At first, I didn’t believe him,” Boiles said.

  • Why is it that the people who proudly scream “Freedom Isn’t Free!” are the same ones that refuse to pay their freakin’ taxes?

  • Not surprised. Seems to me I’ve read this before about KBR…

    Back when I actually had some free weekday time I used to listen to the US Senate on CSPAN2. Dem. Sen. Dorgan of ND used to get up regularly and address this Cayman Islands scam, showing a photo of a small building that “housed” thousands (?) of US companies who wanted to avoid taxes. Real patriots, they aren’t.

    Dorgan runs the Dem committee that provides oversight into waste, fraud & abuse. This is but one part of the mess. He and Rep. Waxman are on the job. Wish they had more power, though.

  • I am with poster # 9 on the once upon a time. If I remember rightly, war profitteers used to be hung.

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