Sen. Ron Wyden (D-OR) isn’t done digging into the particularly low tax rates for pharma companies, and how their foreign ops can lower those bills.
In a three-page letter sent to Bristol Myers Squibb CEO Giovanni Caforio, Wyden sought more information on Bristol Myers’ international tax practices as the Senate Finance Committee investigates how pharmaceutical companies who are based in the US can lower its tax rates via “complex cross-border tax avoidance strategies.”
The investigation, according to the letter, has already sent BMS questions regarding its formation of a foreign partnership in Ireland and the shifting of IP rights of drugs to that partnership. Wyden and the committee are looking to understand whether the transaction helped Bristol Myers reduce its tax liability.
“Based on responses Bristol Myers has provided the committee through outside counsel, it appears this transaction helped Bristol Myers avoid paying a significant amount of federal taxes, which the IRS is seeking to collect,” the letter said.
The committee is also looking for new information related to the “substantial discrepancy” between where BMS generates most of its prescription drug sales and where the pharma books the profits from those sales for tax purposes. Wyden’s letter is also looking to understand why the company paid a tax rate of 13% in 2021, far below the corporate tax rate of 21%.
“The American public deserves a full understanding of the extent to which U.S. pharmaceutical companies may have taken advantage of weaknesses in international tax law, including the new provisions of the 2017 Republican tax law, to reduce taxes on U.S. drug sales through the use of subsidiaries in low or zero-tax jurisdictions. In advance of potential public hearings and proposing new legislative changes, it is critical to understand how Bristol Myers, a multinational corporation with annual sales of $46 billion, paid a lower tax rate than a postal service worker or a preschool teacher,” the letter emphasized.
The chair also wants more information from Bristol Myers, including a detailed country-by-country breakdown of pre-tax earnings, profit margins, employee headcount and tax paid for the tax years of 2018 through 2021.
The pharma will also need to provide a detailed list of the entities that own patents or trademarks that have the right to sell a list of its drug products, including Opdivo, Eliquis and Revlimid, among many others, as well as a “detailed explanation” as to how BMS’ effective tax rate declined to 13% in 2021. A response to these and several other points is requested by Jan. 16.
In an email to Endpoints News, a BMS spokesperson confirmed that it has received the letter and is reviewing its contents.
“We will continue to cooperate with the committee chairman on his additional inquiries and appreciate the opportunity to respond to his letter,” the BMS spokesperson replied to Endpoints.
BMS is not the only pharma that Wyden has in his sights.
In December, the senator asked CEO Bob Bradway for more information on Amgen’s financials and to explain how it paid a lower tax rate than the standard corporate tax rate.
And in the summer of last year, Wyden sent follow-up letters to both Merck and Abbott after both companies failed to answer questions and comply with his investigation into how a 2017 tax law helped slash tax rates for large, US-based pharma companies by moving profits offshore.
As life science executives from around the world head to San Francisco this January for the premier week in healthcare partnering, Issei Tsukamoto, Head of Business Development, Mike Luther, Head of Search & Evaluation, and Chieko Mori, Head of Transactions, from Astellas share their perspectives on how partnering approaches need to change to meet the challenges of a rapidly evolving industry. Additional insights are provided by Gary Starling, Chief Scientific Officer of Xyphos Biosciences, a biotechnology company that is advancing the development of a novel, flexible cancer cell therapy platform, and was acquired by Astellas in 2019.
J&J’s consumer health unit Kenvue filed for an IPO on Wednesday, setting in motion the long-anticipated plans for its official spinoff.
Kenvue is touting itself as the “world’s largest pure-play consumer health company,” with popular brands such as Neutrogena, Tylenol, Band-Aid and Listerine in tow. The unit raked in just over $15.1 billion in 2021. Upon unveiling its new name and look back in September, J&J said Kenvue would become an independent company by November 2023.
An outspoken Chris Viehbacher spent six years trying unsuccessfully to prod Sanofi’s multibillion-dollar R&D group into a more productive phase that relied less on partners like Regeneron for their big new drugs. Then it all went up in smoke as chairman Serge Weinberg led the board in ousting him from the CEO suite, complaining about Viehbacher’s management style and persistent efforts to carve down the French staff.
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Moderna CEO Stéphane Bancel made it clear early on in their M&A mapping phase that the biotech would be hunting the world for just the right mRNA-related deals to build the company into a global powerhouse. And nothing illustrates that strategy better than the $85 million tuck-in that the biotech is unveiling this morning.
Bancel has struck a deal to buy Tokyo-based OriCiro Genomics and its work on cell-free synthesis and amplification of plasmid DNA, building up their set of tech for manufacturing aimed at scaling up production faster and carving weeks out of the process.
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Sarepta spent much of last year marching forward with its candidate SRP-9001, a gene therapy treatment for the rare but fatal Duchenne muscular dystrophy, eventually filing a BLA for an accelerated approval, with a May 29 PDUFA date and a likely adcomm on the way too.
The Cambridge, MA-based biotech on Thursday signed a commercial supply agreement with the New Jersey-based CDMO Catalent to manufacture SRP-9001 and to support other gene therapy candidates in Sarepta’s pipeline for another rare, genetic disease related to muscle deterioration, known as limb-girdle muscular dystrophy (LGMD). Financial details of the deal were not disclosed and Endpoints News did not hear back from Catalent by press time.
McKinsey Consulting’s Brian Fox is joining Klick Group to boost its commercialization practice. The 18-year McKinsey veteran headed up the commercial life sciences practice there before joining Klick this week in a bid to drive its go-to-market capabilities with clients.
Fox’s expertise spans product launches, sales force management, medical and corporate affairs, market access and clinical development. Klick already offers many of those services to biotech and pharma customers, but is looking to Fox to “turbocharge” those efforts, Klick co-founder and chairman Leerom Segal said.
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Bristol Myers Squibb is handing over the keys to its manufacturing site in Syracuse, NY, to South Korean company Lotte Biologics.
BMS announced this week that the sale of the facility is complete, with its divesture from the Syracuse manufacturing site a part of an effort to “evolve” the pharma’s manufacturing network. As part of the deal, all employees will continue to work for Lotte. BMS has also entered into a contract with Lotte to continue manufacturing some of its products at the facility.
A month after the FDA rejected its neuroblastoma drug, the biotech Y-mabs said it will cut 35% of its workforce to save cash and focus on commercializing its lone approved product, Danyelza.
The FDA rejected its drug omburtamab on Dec. 2, based on questions about the company’s clinical trial and after an advisory committee voted 16-0 against recommending the drug. The cuts will reduce operating expenses by 28%, and give Y-mabs enough cash to get through the first quarter of 2026.
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Amgen started off the new year with a bang, joining forces with ADC player Synaffix and agreeing to dole out as high as $2 billion in Synaffix’s largest ADC licensing deal to date.
The Dutch biotech — running in the same circles as ADC Therapeutics, Seagen, MacroGenics and Emergence Therapeutics — said Thursday that it secured a licensing deal with Amgen to develop new ADCs. As part of the deal, the Big Pharma gets access to Synaffix’s ADC platforms and technology, starting out with one ADC program. Amgen retains an option to exclusively license four more programs at a later date, but what those programs could be remains under wraps.
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Senate Finance Chair Wyden continues fight over low pharma tax … – Endpoints News

