Foreign nations viewed as tax havens have been attracting increased attention from state legislatures in recent years. The result has been the passage of laws in several states and the District of Columbia that crack down on the perceived abuse of the tax laws of tax haven nations by multinational corporations. In our political and economic environment, it is easy (and in some quarters fashionable) to attack multinational corporations that lawfully structure their affairs to minimize their federal and state tax liability. One can certainly debate whether those corporations are paying their fair share, but we assert that state tax haven laws represent poor tax policy and likely violate the U.S. Constitution.

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