Financial Crime World

Bermuda’s Role as a Tax Haven: The “Sink OFC” Label and the Impact of TCJA

Bermuda, a British Overseas Territory located in the Atlantic Ocean, has long been recognized for its role in tax evasion schemes, particularly those involving base erosion and profit shifting (BEPS). The island nation is often referred to as a “Bermuda black hole” due to its use in US corporations’ tax avoidance strategies.

Definition

The term “Bermuda black hole” refers to tax evasion schemes where untaxed profits from US corporations are routed to Bermuda, a tax haven. This practice allows the profits to avoid US corporation tax. From 2004 to 2017, US corporations amassed over $1 trillion in offshore locations, with Bermuda serving as the preferred final destination for a significant fraction of these profits [1][2][3][4]. Notably, Apple and Google used the “Bermuda black hole” as part of their Double Irish arrangement tax structure [5][6][7][8][9][10][11].

Replacing the Term

A 2017 academic study published in Nature magazine introduced a new term, “Sink offshore financial centre” (Sink OFC), to describe jurisdictions like Bermuda, where a disproportionate amount of value disappears from the economic system [17]. According to the study, Bermuda ranked as the 5th largest of 24 Sink OFCs identified and classified [17]. The study highlighted how these Sink OFCs rely on Conduit OFCs, such as the Netherlands or Ireland, to route untaxed profits to the Sink OFCs [17].

Impact of the Tax Cuts and Jobs Act (TCJA) of 2017

Since the TCJA, tax academics argue that US corporations’ ability to use offshore structures to shield untaxed profits from US taxation, such as “Bermuda black holes,” has significantly declined [18]. The TCJA mandates that global US corporate income is now considered automatically repatriated to the US, diminishing the incentive for corporations to utilize tax havens like Bermuda for profit shifting. Consequently, the term “Bermuda black hole” may no longer remain in common use.

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