Facebook Tax Bill Over Ireland Move Could Cost $5B
bloomberg.com
bloomberg.com
It's kind of sad that a team of E&Y accountants and lawyers have probably added more "value" to Facebook by playing this legal tax evasion game with the IRS than an entire team of developers and product managers adding a big new feature.
That is how taxes work. The government introduces friction into economic transactions, which sucks up some amount of productivity from those who produce value, which the government can then use for its own ends. By moving to a country with more reasonable taxes, Facebook's economic interactions now have less friction and higher efficiency.
The difference as I see it is that companies usually operate as if they believe they shouldn't pay any tax. I realise that minimising tax burden is a form of efficiency, but the challenging part here is deciding where 'efficient' ends and 'dishonest' starts. I honestly don't know, but I'd say it's pretty clear that, at some point, underdeclaring the value of corporate holdings starts being dishonest.
You should think of it as a negotiation. Many transactions, even on a smaller scale, are complex, and deciding on the "true value" is often impossible. So the tax authorities are negotiating with Facebook, and Facebook's report is simply its opening offer. You wouldn't consider a salesmen who overpriced his product to be doing something necessarily unethical (assuming they weren't outright committing fraud or otherwise doing something illegal).
Disclaimer: Not a lawyer or accountant, and I'm totally generalizing here from other transactions I know more about. I actually know almost nothing specific about the US tax system or this situation with Facebook, I'm trying to convey the general attitude that most companies have.
For example, say they invent a new way of compressing jpegs which saves them bandwidth and storage costs. Facebook could report that as costing them money: "Oh, that cost us $120,000 in programmer time to devise and implement".
It's entirely possible that this is true, but it's only half the picture: that new compression algorithm might have saved them twice that or more in bandwidth costs.
In this instance, it's 'efficient' for Facebook to report one part and then conveniently ignore the other. But the question remains is it honest? Surely the value of that technology is somewhere between the cost to create and the costs it's saved?
Companies don't know from 'dishonest.' The only question is where 'efficient' ends and illegal starts. Other than that, companies don't care.
(...and even then, in countries with corporate liability protection and simple fines for most corporate crimes, "illegal" is just another name for an economic cost going into the efficiency calculus.)
The UK was supposed to be excluding such companies.
Taxation should be done when profit is distributed to shareholders (similar to Estonia). There is also unfair double taxation - paying taxes after company pays them.
Perhaps tax income like capital gains, if you want them to match.
This leads to the situation, not at all uncommon or illegal, where a lot of highly paid professionals are the directors of their own limited companies, take no salary, and get all of their remuneration in the form of dividends taxed a maximum rate of 28%.
For reference, anything over £31,786 per year is taxed at 40% -- before that it's 20% (national insurance is extra). It's usually the case that freelancers or contractors are able to invoice via their own limited companies, whereas employees are not normally able to do it this way and have to go the income tax route.
Doing this is entirely legal, and many people argue that it's perfectly 'fair', but it definitely doesn't look fair to those unable to take advantage of that setup who earn, say, £60,000.
Some figures, very rough and rounded to whole pounds:
Earning £60,000 and paying
income tax:
---------------------------
£10,800 - 0% = £10,800 Tax free allowance
£31,700 - 20% = £25,360 'Basic Rate' tax
£17,500 - 40% = £10,500 'Higher Rate' tax
===========================
£60,000 gross = £37,210 net
(before national insurance
contributions are taken)
Earning £60,000 and paying
capital gains tax:
---------------------------
£11,000 - 0% = £11,000 Tax free allowance
£49,000 - 28% = £35,280 Highest CGT rate
===========================
£60,000 gross = £46,280 net
(before national insurance
contributions are taken)
So under that setup, someone who can't use the limited company method is nearly £10,000 a year worse off before national insurance contributions are taken into account. Even assuming some costs for accounting, that still leaves the second person significantly better off.(Edited to remove duplicated calculations at top of comment.)
I mean, if you're going to argue that corporate tax rates should be lower, just make that argument.
But the argument that corporations should be able to pay fewer taxes because they (and/or other corporations) lobbied to create a byzantine tax law that they then exploited is... a special kind of argument.
The gov't is more than capable of coming up with complex regulations.
It's impossible to make income tax fair. The simplest example is selling rights to trademark or some licensing to friendly company located in tax heaven. You will never be able to assess fair value of a trademark and you will always be left with litigation hell. It's just the worst possible tax.
Compliance in such situations would probably be lower with no corporate tax, by incorporating isn't some magic process that makes income disappear.
Taxing profit is taxing the reward (a delusion of money produced after all operations), which is what's suppose to justify it. But taxing growth is taxing the company itself (taxing the operations). Taxing shares or dividends would be taxing rewards.
Apple has generated a boatload of income tax and sales tax and capital gains tax, and these numbers are usually left out of corporate tax news pieces.
That said, Amazon being able to escape sales tax early was bad. Also individuals avoiding income tax through shell companies in tax havens is also bad. At least worse than global corporations escaping the US corporate tax...
They didn't "escape" it; states attempted to charge it for inter-state transactions, which they can't legally do in the absence of federal law allowing that. Amazon only became obligated to pay it when they started conducting intra-state commerce, which states are allowed to regulate and tax.
It was bad because 1) it was bad for small businesses that had to collect and had a hard time competing on price alone to begin with -- making it impossible to compete. And 2) because sales tax is a huge tax contribution which otherwise the government would have counted on.
And regarding escaping, it was an integral part of their business plan, and they fully intended to fight for it.
> the State of California agreed to a delay of one year before requiring online retailers to begin collecting sales tax on sales to California addresses (Read the whole part on California [1])
Worse yet, Amazon wasn't even profiting in the process. Making Jeff either Satan or a genius (you'll find plenty of stories proclaiming both).
Amazon created jobs and shareholder value. I'll give them that.
Those questions are impossible to answer objectively and we shouldn't really care. Tax owners of the corporation. Tax people for living in a nice place (land tax, real estate tax, all kinds of consumption taxes). If you really want you can tax companies' revenue (not profits). Some taxes for polluting the environment, using the infrastructure would be great as well. Try to understand what makes your country an attractive place to operate from and charge for those things.
Taxing income is just a recipe for problems and unfair treatment (companies with access to top lawyers pay less, small companies pay more).
That is a problem of the law being easier to circumvent if you've got resources to do so. From abusing how complicated the tax code is, to actively lobbying to pass laws that make it easy for you to do so. Simplifying the tax code, removing loopholes is one step, but that would require a total rewrite of it, which is a long process.
Corporate income tax is necessary in our society. Corporations use government built infrastructure, whether it is roads, copper cables, etc. They use government services and plethora of government funded things. It is absolutely normal they contribute back to society. Sadly, in an increasingly globalized world, it is much easier for a company to hide its profits in a fiscal paradise.
OP never said that companies shouldn't contribute back to society, only that it not be done in the form of an income tax.
I think this is one reason why the system doesn't get reformed in general. The tax system's complexity gives a competitive advantage to large corporations who then lobby the government to gain further advantages.
How would that work if a company isn't profitable? Sounds like taxing profit makes more sense, although I agree that it does give ambiguity. But then, it also allows the government to incentivize certain kinds of spending over others by allowing it to be counted (or not) towards the tax bill.
The only difference is that one operates under famous trademark from country X which it licenses for 100M/year and brings 0$ profits while the other one developed its own trademark which it owns therefore making 100M/year in profit.
What kind of justification (moral, utilitarian, economic) do you see for charging 2nd company 100M * tax rate more than the first company?
> If you really want you can tax companies' revenue (not profits).
That one doesn't really work.
Some industries are very low margin and capital intensive. There is, realistically, no level of revenue based tax that a supermarket chain can pay. Maaaaybe 1%. Max. Same goes for airlines, steel mills, and a thousand other old-school bricks and mortar industries where a lot of money may come in the door, but then in goes right back out again as a cost of doing business.
Other industries are very high margin, including a lot of tech businesses that were all familiar with. A 1% revenue tax would represent a massive decrease in their total tax bill, but if you charge them a more realistic tax rate you've bankrupted everything that's not a highly profitable tech company, which is basically your entire economy.
(Yes, they'll try to pass it on, but a supermarket chain isn't going to be able to pass on a 20% tax on revenue. They're already making no profits, paying crap wages, and bargaining their supliers down to the wire; the only thing they could do is raise prices 20%, and people who aren't working at the aforementioned high-margin tech companies can't remotely afford a 20% surcharge on their food bill with no offsetting changes to their tax or benefits. Plus, if that's actually the policy result you wanted...maybe just enact a 20% VAT?)
Of course, you could adjust the tax rate based on how capital intensive the industry is and how high your margins are at which point...it's a tax on profit again. :)
The more you dig into it, the more it becomes clear (in my view) that revenue based taxation isn't the right lever to pull. Whatever policy outcome you want can be more easily gained via other methods.
Short answer: No. Tax incidence doesn't work that way.
Long answer: The concept doesn't even make sense; a company can pay taxes in an accounting sense, but not in an economic one. Since a corporation is not a real person, every dollar of tax is by definition passed on; all we can do is try and figure out if it's being passed on to customers (via higher prices), employees (via lower wages), or investors (via lower returns). But, obviously, every dollar going into the treasury is a dollar not going into some real person's pocket. Unless we start letting companies cover their tax bills by printing money. :)
Of course, what you probably meant was "a law against passing on those taxes to specific groups"; you're looking for a way to force the tax to be passed on to investors and not employees (or whatever). In which case the answer is...
...still no. Because tax incidence (which is the technical name for this) isn't just a matter of deciding how to divy up a tax bill. If investors face lower returns, they'll invest less money (both because they'll have less money to invest, because they'll decide to invest in other areas where taxes are lower, and because they'll decide to consume more and invest less). Investment, at an industry level, is strongly correlated with productivity (eg, build a new factory and your employees can make more widgets), and productivity (again at an industry level) is strongly correlated with wages. Or in other words: If you tax investment in an industry heavily, you'll end up with decrepit plant and poorly paid workers. That's how taxes on investment end up being born by workers, not by some sort of conscious decision to cut wages to free up more money for dividends.
And no law is going to stop it either. Is a union supposed to bargain with a company as if there were other employers in the industry paying high wages, even though there aren't, because there's been industry-wide under-investment for the past 10 years? Does your law force investors to invest as if they were receiving dividends, even though they're not? Does this law apply to foreign investors? Are you going to try and order round some massive Middle Eastern sovereign wealth fund and tell them how much they would have invested without the tax, and send them an invoice for the balance?
In short: The issue has been well studied. It might work in a world without trade, globalization, and the free-ish movement of labour, capital, and goods. It doesn't work in our world.
1)It's very easy to go around - VAT cheating in EU is rampant, for example in my country it's estimated to be about 10% of total yearly budget (not only VAT, total)
2)It's impossible to collect from businesses operating abroad which don't ship physical goods. There is no way EU is going to go after a guy in Thailand for selling software unless he becomes a big fish. Until then he is unfairly competing with all EU developers who pay-up ~20% on every license sold to EU countries.
The idea of consumption tax appeals to me in general (if land/real estate taxes aren't enough) but it would need to be somehow collected from the buyer (for example for using a currency) and that's not going to happen.
If you're unhappy with the implementation of a specific program, like Medicare (which is, of course, more efficient than private health insurance in the US), let's talk about that.
My pick is the military--very wasteful. We could fold 90% of that budget into university and health care and live in heaven on earth.
Our current gov't system provide very little incentive for efficient use of funds.
I'm not arguing that all of these programs need to just disappear. I'm arguing a "race to the bottom" in terms of efficiency is a good thing, not a bad thing for gov'ts.
Having seen what races to the bottom do in various other industries, I shudder to think of how government works would suffer under the same pressure. Not the kind of society I'd want to aspire to live in.
Figuring out how much a large company makes is complex, which is why we have a very complex system of rules and laws to let us calculate it. And according to those laws, Google, Facebook, etc. don't actually make hundreds of millions in profit in your country.
That's why they don't pay taxes, and it's what the linked article is about: Because your country (and mine) has passed laws which say that they aren't making money despite what your intuition tells you.
If you want to fix it, the starting point would be those laws. Except...we've been trying to improve those laws for a long, long time. Many are now many decades old. Transfer pricing rules exist for a reason; simply abolishing them would cause other problems and greater imbalances.
At some point maybe we need to step back and focus on taxing the consumption of real people (which is, in comparison, much easier). Facebook may be inherently hard to tax; but those profits flow into the pockets of real people, and they are (in comparison!) easy to tax.
The basic problem is companies using public resources of a country but not paying back into the system.
If you're talking not so much about them using actual resources, but benefiting in some vague sense from a country having a functioning police system, even if they don't actually use it, then no, you can't charge them fees. But if they're making sales in your country, you can charge GST/VAT.
But if they're not using actual resources, not making sales in your country, and not making profits...
...then they're not going to be paying back into the system. Even if you really need them too, even if it would be highly immoral for them not to. The existence of a problem doesn't imply the existence of a solution.
May be American politicians should stop the war on drugs, wars in far off countries and medicare and reduce tax levels to 20%.
Facebook, Google, Apple and push the frontiers of human knowledge at rapid rate if they can spend that money themselves. In case of government it will be used to by some junk airforce planes that dont fly.
It's a 401k in the US. It's a tax deferment, not a tax break. If your effective rate went from 35% to 25% due to your 401k contribution, you still end up paying 35%, just not right now.
But if you put a lot in, the fact you HAVE to start taking money out at a certain again AND it all gets taxed before you die means you pretty much end up paying the taxes anyways (or more if rates have gone up).
A lot of them even have no idea that they will be taxed anyways when they withdraw.
No one earns anything in a vacuum. Money doesn't exist without society. Taxes reflect that.
I live in France, my employer pays my raw salary in taxes, and approximately 30% of this raw salary that I get is paid in taxes too. And I am happy to pay those because it contributes to a system that gives me and everyone free healthcare, unemployment benefits if needed as well as many other things. If you're unhappy with the 40% you pay to your government, ask to fix inefficiencies, not to stop paying them.
Lol. Most real frontier level r and d is funded by the gov with tax money, especially the not for profit r and d focused on energy and health sectors. The only r and d the tech cos you named do is targeted to make profit for themselves which is why they pay taxes. I agree that a lot of tax money is wasted but some of it is used for critical research.
When facebook starts a non profit division researching better nuclear storage containers and cancer treatments then, maybe that division shouldnt be taxed. I mean these are essentially advertising based businesses, so that's not really pushing the frontiers of human knowledge in a uniformly positive direction.
Ireland is 5m people. Just hang them out to dry. Either they consume as much as they add in value or their standard of living has to drop until this is held to be correct.
(Not that I'm optimistic that such a system could come about in practice, or that I'm an economist.)
Just getting rid of, say, transfer pricing rules wouldn't make tax avoidance harder, it would make it easier. Say you do all your R&D in the U.S. But you set up a subsidiary in a low-tax jurisdiction, and license the U.S.-made IP to that subsidiary for $0. Boom the U.S. company now has no profits to show and all profits are in the low-tax jurisdiction.
> license the U.S.-made IP to that subsidiary for $0.
> Boom the U.S. company now has no profits to show and
> all profits are in the low-tax jurisdiction
That seems simple, but the U.S. government are wise to that kind of thing. At a previous job, the U.S. parent company used to supply our spare parts, which we then sold to end-users in Europe. We operated under very strict rules, derived somehow from Sarbanes-Oxley, about how much the U.S. parent had to charge us for these parts to ensure that they weren't simply running up a loss for tax reasons. IP worked the same way.I just think it's terrible how Facebook wants to have its cake and eat it, too - profit from low European taxes, but transfer all of Europe's data to the U.S. for maximum amount of mining.
We know who is on the little people's side in this election.
I'd also add the caveat-- are you sure who is buying who here? The next President has some power to make Wall Street's life difficult. I suspect that the donations that Wall Street gives is more of a Clinton-shake-down than it is a bribe from Wall Street.
Additionally, these analyses simply group individual donations in with whatever company the individual works at. Does this mean that the company I work for is schemeing to make /R(?:on|and) Paul/ president? Hell no. It's the individual's money to donate, and just because they have a successful career in the finance industry their political donations come into question. Do you have any idea how insulting you're being to the true Clinton supporters who work in finance?
It just feels very conspiratorial and small-minded. With a dash of wealth envy.
IDK. I could easily be accused of being a shill, but I've never heard a solid argument presented from your camp. It's always "look at this coincidence!! What else could it mean?!?!"
Solutions are simple, anyone telling you otherwise are the same people who hold economists in high regard-
1. Reduce your local tax to compete with the lowest one. Or-
2. Stop the company from trading in your country. Or-
3. Tax profits derived from local business if they are earning them in your country.
1. What if you can't ? You have your budget that can't go lower.
2. And what if it employs 100 000 people in your country? Good luck with that.
3. You know what costs are ? Because they can have 0 earning in your country when mother company will take all for licensing.
That is the problem: we live in a world where business can be global, but our states are regional. It's asymmetric warfare: because of the structure of the game, the corporations always have the upper hand.
Gov'ts are providing a service. Competition is a good thing.
If one company was charging $1K for a computer and another charging $500k for the exact same thing, would you say consumers are screwing over the first company when they buy from the 2nd company?
I'm suggesting having gov'ts compete on spending efficiency is a good thing.
If I get the same level of services from country A and B and country A's tax rate is 25% lower, then guess where I'm going?
Education only makes an effect 30+years out.
Most companies care about the next quartal, if you’re lucky.
If companies would be so long-term focused, have you ever seen one lobby for higher corporate taxes in exchange for free public colleges and schools of highest quality, to ensure they get the best possibly educated workers? No? Exactly.
Have you seen companies spend their money with plans of how the world will look like in 50 or 100 years?
The most ambitious projects are from Musk, who is doing them with lots of subsidies because even he couldn't fund them otherwise, and they're about 5 years out in the future.
Have you seen a private company spend hundreds of billions every year into fusion research, because it might have results in decades?
Have you seen private companies focus on building transit networks and cities of the next century, slowly, part by part?
No.
The most ambitious private project ever planned was Walt Disneys epcot, but it was never built, and the name just reused for a themepark attraction.
Private companies have more available funds combined than most governments, yet still soend orders of magnitudes less on education for the next generation, on optimizing cities for the future.
You see companies actively destroy cities so they can get a little cheaper results for themselves this quarter.
Saying "private companies will be willing to pay twice the tax if they get more profit in 100 years" is just wrong, because no private company has ever planned like that, and will ever plan like that.
Except for the German Mittelstand and a handful of Japanese medium businesses, most comoanies haven't even existed for a century or longer.
So they use Ireland, where they can get a special deal:
http://www.wsj.com/articles/eu-may-decide-on-apple-tax-probe...
If Germany would, tomorrow, decide to not provide any services outside of the cities, we could save a lot more taxes, too – and reduce them even further.
But there’s some running costs countries have, which you can’t go below.
If you want public schools and universities for free that can rival US private elite unis, if you want first-class public transit everywhere, if you want a social net, you end up with high taxes around 25% corporate and 30% private.
There’s not much of a way around that, except for going deeper and deeper into debt.
Yet if you want a country with a minor tax surplus, and good services, you need high tax rates.