Denmark: No aid for companies which pay out dividends or are reg. in tax havens
bloomberg.com
bloomberg.com
"Please use the original title, unless it is misleading or linkbait; don't editorialize."
https://news.ycombinator.com/newsguidelines.html
Cherry-picking a detail from an article and making that the title is editorializing—in fact it's the leading form of editorializing. Titles are by far the biggest influence on threads, so this is a big deal. On HN, being the first to submit an article doesn't confer any special rights to frame it for everybody else.
If you want to say what you think is important about an article, please do so in a comment. Then your view is on a level playing field with everyone else's. https://hn.algolia.com/?dateRange=all&page=0&prefix=false&qu...
The unofficial messy answer is: sometimes, let's say 10% of the time, there are exceptions.
Besides, editorializing is expressing an opinion, which is not something this title is doing - or am I seeing this wrong?
Consider this story: https://www.vox.com/2018/9/4/17486110/metabolism-diet-fast-w...
The HTML <title> is "Metabolism and weight loss: debunking myths in the metabolic chamber - Vox".
The big bold <h1> text at the start of the article is "What I learned about weight loss from spending a day inside a metabolic chamber".
Is one of those preferred, or is either acceptable?
What the rule means by "original title" can be any one of the candidate titles that an article itself provides. That can be the main heading on the page, but often that is misleading or baity, especially with media sites. The HTML doc title, as you point out, is often a good alternative [1]. Often a subtitle is better than the main title. Other good candidates can be the URL, a photo caption, or a phrase from the opening paragraph.
When the original title is misleading or linkbait, HN's rule says to change it. In such cases it's far better to replace it with representative language from the article itself [2] than to make up one's own language for it. On HN the principle is to let the content speak for itself, so we try wherever possible to avoid putting words in an article's mouth. When undoing the dirty work of a headline writer [3], put the author back in charge. Don't knock headline person off their perch in order to grab it yourself.
When the obvious options for a good title all fail, you can nearly always find one in the text itself. In fact, it's strikingly rare for media articles not to include, somewhere on the page, an accurate and neutral phrase that says what the article is actually about. I wonder if this is not coincidence, or good writing, so much as SEO. In other words, the very same forces that make headline writers churn out bait to entice users may be driving authors or editors to include accurate summaries to bait search engines. Your mission, should you choose to accept it, is to hunt for the latter to replace the former.
In cases where none of the options for a title produces a good one, including scouring the article body, it's ok to make up a title as a last resort—again, using representative words from the article itself as much as possible.
[1] https://hn.algolia.com/?dateRange=all&page=0&prefix=true&que...
[2] https://hn.algolia.com/?dateRange=all&page=0&prefix=true&que...
[3] https://hn.algolia.com/?dateRange=all&page=0&prefix=true&que...
I say "not always bad" but in the present case I do think it was bad, because there really isn't much of interest in the article. Even though the cherry-picked point was the more interesting detail, it only got a single sentence. That's not enough to support a non-generic discussion (https://hn.algolia.com/?dateRange=all&page=0&prefix=true&que...).
The proposal only limits payments to companies that have received more than DKK 60 million (around EUR 8 million) in aid. So this is not your usual business owner. These are generally larger companies with a well paid management.
As for companies registered in tax havens, the EU has made an official list of tax havens, which will be followed: https://en.wikipedia.org/wiki/European_Union_tax_haven_black...
It's a short list and it doesn't include any countries where a large company doing business in Denmark would be registered except if they try to avoid taxes. Why should tax payers bail out a tax avoiding company?
The proposal was made by a party in the opposition, which is usually seen as most business friendly ("Venstre"). Interest groups representing the businesses in Denmark support the proposal. I think it's a common sense proposal. Paying out dividends to shareholders while receiving government aid basically means having the tax payers bail out the business owners.
I honestly think the proposal should go even further. The government should take a small ownership stake in companies that receive that kind of money.
EU countries are also not included in the list, so no Luxembourg etc
This sounds absolutely reasonable. Bail them out by being some sort of "angel investor" and get a piece of the company
Who gets aid, and how is the amount calculated? It's somewhat surprising that foreign company would be eligible at all.
Also, I'm skeptical of "common sense rules" being effectively implementable.
Company A1 owns intellectual property like trademarks and patents, registered in a tax haven. Company A2 manufactures & markets products in the consumer country. A2 could be paying licence fees to A1. A1 could be contracting A2 to do manufacturing and marketing. Either way, the idea is that A2 never makes profits. Any profits are made in A1, which also has no expenses.
This is/was Google & Apple's structure, with Ireland as the tax haven.
This is a simple example. Reality is usually more complex. It is generally hard/impossible to pick these knots apart. IDK of any country with corporate tax rules/enforcement that has picked it apart. Lots have tried. How did denmark do this.
If a company wants to be eligible for benefits inside a country, they have to follow all the laws.
No ifs, buts, ands.
If you feel that the company is "doing good work" why not ask them to be registered in the country to begin with? OR better - move headquarters into the country being discussed (or have that be a condition for receiving bailout funds).
All this said, I think it's up to the government of the Tax Havens themselves to support these companies. These tax havens derive significant benefit from being used in this way. It's time for the tax haven to step up and provide funding for support during this challenging time.
Minimizing tax liability is not necessarily doing anything outside the law.
"Does not break any rules"
and
"Follows all the rules"
Where the gap is in whether the entity is subject to the rules. You are correct that one that isn't subject to the rules is right to not follow them.
But, where the outcome of those rules incurs some benefit, why should the non-subject incur it?
Extradition policies, consumer protection laws, intellectual property status (ie whether you can use a tax haven incorporation to shield yourself from patent lawsuits or even to use it to hoard patents so you can use it as a base for launching law suits on others, forcing them to come to court in the tax haven jurisdiction for disputes)
There are so many things tax havens are used for. And that is why incorporating inside of the country where they are trying to get bailouts from is so important, otherwise the tax payer's money will be used against their own interests, with no way of enforcement.
Tax haven registered companies are the Nigerian Prince's of the corporate world. It is very possible they might be legit (and some very legit businesses are tax haven registered), but the very fact that they registered there on purpose is very telling in itself. Telling you they can swindle you with or without your consent.
I think that depends on our answer to the prior question, "Why should tax payers bail out any company?" If the answer is "because we like them and we feel a patriotic/moral/righteous duty to help them", then the distinction between tax-paying and tax-avoiding companies does seem relevant. But if the answer is "to help workers keep their jobs", then the distinction might not be relevant.
If it was a deliberate choice, my instinct would be that designing one policy with a dual mandate sounds a lot more complicated and less effective than designing two policies. It's a lot simpler to target a bailout to saving jobs only, say, and then separately change the tax code to disincentivize tax havens. That would also separate the part that needs to be done urgently, from the part we could do whenever.
Of course, that means the failed company's executive board has to also find a way to actually add value...
Could you explain this? I think the CB system does not quite prevent money creation, it just makes it less transparent. Inventing a jargon to nice sounding words to hide the creation of money (yes I look at you "quantative easing") also does not help.
If govts wanted to limit their power to create money, they could have made some constitutional law or smth.
I feel the CB system is more an invention by the bank(er)s, than by govts. If you look at the timing and trickery involved in singing the CBs into law all over the world, you will see this is not something done with full governmental/public awareness and consent. To the contrary.
However, the growth of the country is very hard to measure (directly taking the growth of the GDP would not necessarily match it), so there is no consensus on what the inflation should be exactly, which gives the authority in charge of creating money some leeway on exactly how much money to create. If this authority was the government, it would be tempting to have the inflation be slightly higher than the country's growth, in order to "trick" people into believing that they got slightly richer and have them spend more. And this could work for some time, but at some point people would become wary of the government and as a result would spend less, slowing down the economy. So it becomes a game (in the sense of game theory) between the government and the consumers, and the solution is to have an independent entity in charge of money creation, so people can know with more certainty that the "right" amount of money is being created.
It seems to me it would be a lot more useful if we create money and the government spends it (e.g. on infrastructure, or by distributing it directly to people most likely to spend it), rather than indirectly creating it through QE (which in mechanism, if not in effect seems quite different from printing money), etc.
There's also a large cost to having people reallocate from one job to another, and from having businesses go under. There's physical capital that needs to be reallocated and "organizational" capital (not sure the right word, but I mean the way the business is organized) that may be permanently lost.
> If they fail, they fail, and the government can scoop up the workers
This is a government forced failure. That’s a great way to turn every small business owner (a huge part of the middle class) against the pandemic containment efforts and the government in general.
Why not? Is there some reason why a private medical researcher is somehow better than a government medical researcher?
Nobody pays medical researchers without expecting an ROI unless it’s for a charity (in which case it’s funded by other excess value in the economy).
There isn’t really a meaningful difference between the government spending $100 to get $2 of value and spending $100 to get $0 of value. If we’re going down the unsustainable jobs path, it would be much easier to just pay everyone $80k/year to do nothing.
So what magical property of being hired by a government destroys that expected value?
Either it is legal to avoid taxes, then no distinction should be made. Or it is illegal, in which they should be persecuted.
But making this distinction as a means to "punish" certain companies seems to conflate two unrelated issues.
If you buy a lottery ticket and win, your neighbor was not punished for not buying a ticket.
Is there just cause to use tax money to help companies who have not paid taxes? Is that fair to the companies who put their money in that pot, to have it doled out to those who didn't? Should companies be treated equally, when they don't behave equally? Because I'm unconvinced that countries owe tax-dodgers a dime. I think that their employees, being taxpayers, should have a safety net in case their employers neither pay taxes nor save for a rainy day. Let this be a lesson to the executives and let their ventures fail.
Joblosses are talent moving away. Shops that will never reopen.
Sounds like an abusive relationship. Again, if a company wants to be bailed out by the tax payer, I don't think it's a stretch to ask that they pay taxes.
Otherwise it's like me, a foreigner with no connection to Denmark other than that I've 'helped the economy' when I went on vacation there last year asking for a bailout.
> But if the answer is "to help workers keep their jobs", then the distinction might not be relevant.
In many European countries, social safety nets exist so you don't have to reward cancerous businesses for terrible business practices, while still ensuring individuals are looked after in the event things go sideways.
Need a bailout? Ask the Liberians.
Similarly, these companies should be asking for bailouts from the tax havens in which they are registered. Surely all those "registration fees" they've been paying to avoid taxes are being kept safely for just such an occasion.
None of this is making me feel super patriotic/moral/righteous duty for them.
[1] https://www.businessinsider.com/cruise-line-workers-reveal-g...
Why wouldn't you expect them to ask for free money? It doesn't cost them anything. They didn't receive the bailouts for the reasons you mentioned.
They only exist because they are funded by taxing economic activity. If governments could just will them into being without restriction than every country in the world could have European level social safety nets.
If economic activity declines, so does the money faucet funding the social safety nets.
But this sets up a relationship where now the company can use the employee's employment as a form of hostage.
Well, at least in this occasion there is an external factor at play. So the hostage situation is not premeditated as much as when a company uses the hostages as leverage when negotiating tax break.
> So, companies acting completely legally by seeking to minimize their tax burden, which serves to further maximize the money available for their owners, get penalized
It's fairly simple. If you don't want to pay the government, the government doesn't want to pay you. Just as you are acting legally in tax avoidance, they are acting legally in not bailing you out.
> Likewise, companies acting completely ethically, by returning much of their profit to their shareholders via dividends instead of hoarding it themselves get penalized.
This did strike me as strange, but there are several interpretations. As an example, if you're doing well enough to be paying dividends, you don't need to be bailed out.
1. You can incorporate in a tax-advantaged state ("tax haven") and not get benefits ("bail outs")
2. You can incorporate in a non-tax-advantaged state (eg. Denkmark) and get benefits ("bail outs")
Your company has chosen option 1 but you are claiming that your company is being penalized because you can't get the benefits of both options.
Without going into the semantics of the word, I will point out that yes, that is the role of the government. They provide incentives for certain behaviors, and lack of incentives (or even disincentives) for others.
That was apparently misused by a relatively small companies abroad, where passing profits through this company would keep the information from the right authorities. Not really sure what happened with the case, new rulesets were applied to combat potential abuse.
Another high profile case was the "Danish Bank" (not to be confused with the national Bank of Denmark) which was involved in some huge money laundering in Estonia, potentially allowing as much as 200 billion EUR pass through it without asking too many questions.
A report from the Tax Justice Network: https://fsi.taxjustice.net/PDF/Denmark.pdf
That case has nothing to do with a 'tax haven', unless a pattern is formed and the authorities turn a blind eye.
I didn't know about the Kommanditselskab company form. It does appear to have been abused, but I can see this is something the tax authorities are on the case with.
Link in Danish to a report from 2016:
https://www.ft.dk/samling/20151/almdel/SAU/bilag/165/1619506...
How possible it is to act as a tax have and how friendly a country is to be used like that is a spectrum. The Tax Justice Network report you linked puts Denmark very low on that ranking and tiny (their word) in volume.
No sure why people are downvoting me. I'm Danish and I do know the tax system pretty well.
Tax haven is not an official title for any country or place but a definition and Denmark is by definition a tax haven for holdning companies.
Just because it's not well known doesn't mean it's not a tax haven. That word is quite ambiguous. Most countries have some sort of setup to attract foreign investments.
"Back in 1999, Denmark allowed Danish companies to hold shares in foreign subsidiaries. In 2009, the Danish government enacted the Danish Tax Reform Act allowing international corporate investors to use Denmark as a holding company jurisdiction. The 2009 Danish Tax Reform law improved Danish participation exemptions applied to dividends and capital gains realized on the transfer of shares by abolishing the holding periods of one year and three years respectively.
Another benefit is the ability to receive dividend payments subject to little or no taxes. Other tax haven jurisdictions often do not provide such benefits. The condition for a no tax status on dividends is that an entity owns at least 25% of the Danish company.
PepsiCo and other large international companies have established over 500 Danish holding companies over the past few years. PepsiCo Investments, the PepsiCo Danish Holding Company, is managed from a small Copenhagen office by one tax lawyer. Such international demand created a dynamic holding company industry in Denmark.
In essence, Denmark allows the registration of completely tax-free holding companies. Dutch holding companies can receive income from numerous different sources and simply pass them to other corporations in different countries. This is why holding companies are globally famous for their tax free funds “pass through” capabilities."
Tax havens are places that are recognised as such. It's not any country with a tax loophole. There are plenty of lists of tax havens and Denmark is not on those lists. That, of course, doesn't make Denmark immune to having tax loopholes, but it's just a bad premise for any discussion to volunteer your own special definition that contradicts most of the facts out there.
Here is another
https://www.investopedia.com/articles/wealth-management/1215...
It's obvious you don't know Danish tax law. Let's just leave it at that.
Denmark is a different country, but they're often confused for one another by Americans.
I'm only familiar with US law, not Danish so question for you here.
Under US law, when a company closes (bankruptcy, acquired, etc), the common shareholders are last in line for payments after debt holders and preferred shareholders. Does Danish law have a similar provision?
If so, wouldn't being a debtor be a stronger position? Especially since the governments get to set repayment terms.
The natural way to give government ownership would be through convertibles so they could chose whether to convert.
Tax avoidance also tends to be on profits. A lot of companies in the US have done corporate inversions, but they're still paying local payroll, property, and sales taxes. Freezing dividends and buybacks punishes the people who benefited from the tax avoidance, but you have to be careful not to do this at the expense of workers.
The other argument, and this is from a US perspective, is you're pushing 20% unemployment, why are you wasting your time promoting your political passion project? Spend the money, ask questions later.
*The USA is an obvious exception where for at least a substantial group of people, the purpose is to keep the businesses intact. They really couldn't care less about the employees.
By bailing out the small business owners, you have a better chance at maintaining employment or for employment to re-emerge after a crisis.
Small business ownership is also a huge source of middle class wealth here in the US. Bailing out small business is essentially bailing out 30 million owner/employers and preserving their middle class wealth.
Obviously big businesses get bailouts here as well, and I happen to agree that if they use money for buy backs, dividends, etc. they should not get stimulus money.
But yes really small businesses employ about a fifth of the population.
Why is the goal to maintain employment? Seems like the government wants to keep people on their little hamster wheels.
Well, common sense seems to suggest that we would want to have an operational economy again at some point. That generally requires there to be jobs available to people.
What is the alternative to "their little hamster wheels", exactly?
To accomplish that, they only need to deposit money into people’s bank account. No employer middleman is required.
I hope politicians weren't sufficiently stupid as to close one avenue and leave the other wide open.
https://timesofmalta.com/articles/view/malta-a-fiscal-black-...
[1] https://www.investopedia.com/articles/wealth-management/1215...
Because every company optimizes its tax burden. “Tax Avoidance” is an arbitrary political clap trap to drum up outrage.
Companies registered in tax-havens should have no business applying for EU or US aid. I would say, simply barring them doesn't go far enough. If one did apply while being simultaneously registered in the EU/US and any tax haven, that is fraud and should result in jail time.
What’s the point of a company that never pays a dividend.
Yes, based on the anticipation of future dividends and share buybacks. Stock trading is more than just gambling but for profits.
(Or alternatively, you say that dollars are also vanity plates, and are as worthless as stocks.)
> The fundamental answer to all of this is that the profits must be shared with shareholders at some point. This is what terminates the infinite regression. If a company believes that they can retain their earned profits to further grow and generate even more profits, they will do so. However if a company continues to grow and do well, eventually they will accumulate so much cash in the bank that they can’t find good use for all of it. At this point they will have to pay it out to shareholders through a dividend or stock buyback. If they refuse to, at some point the shareholders will band together and vote for new management that will pay it out.
https://stuffexplained.wordpress.com/2013/10/13/why_buy_stoc...
So even if the company does not pay dividends currently (reinvesting it instead), there will eventually come a point at which their growth flatlines, and they will start paying out dividends. If the market is rational, it will have forecasted this flatlining and the stock price will have taken that into account.
Maybe you mean "whats the point in investing in a company that will never pay dividends".
This isn't some slam against paying dividends, though. I do agree with you. I am fascinated at companies like Snapchat whose shares command no voting power and do not pay a dividend.
However, as far as signals go, "here, we are so well capitalized that we think you can invest this money better than we can" is pretty strongly saying your company is in good financial shape.
This is correct - but the opposite of the GP comment.
> I am fascinated at companies like Snapchat whose shares command no voting power and do not pay a dividend.
Pricing here is based on the anticipation of future dividends or buybacks.
So many facile understandings of pricing in these comments - there is a real mechanism that ties profits to pricing, it's not just "sell when it goes up"
> Apple's long stretch of not paying any dividends reflected Jobs' opposition to them. During Jobs' second tenure at Apple from 1997 to 2012, the tech giant didn't pay a single dividend, even as its cash hoard ballooned to over $50 billion in 2011.
"The cash in the bank gives us tremendous security and flexibility," Jobs said in 2010.
But by 2012, and after Jobs had passed the reigns to Tim Cook, Apple finally reinitiated its dividend, making it the company's first dividend since 1995. The combination of Jobs' passing in 2011 and a cash hoard exceeding $100 billion in 2012 marked the beginning of a new era for Apple. Overnight, Apple became a formidable dividend stock -- and it looks like it's going to stay this way.
Source: https://www.fool.com/investing/2016/08/29/apple-dividend-his...
If companies didn't ever pay a dividend or buyback shares, the whole thing would be a ponzi scheme. The company takes money in an IPO, and then investors shuffle money among themselves to make it look like they have a profit, but it would collapse if people want to cash out. When companies eventually distribute profit to investors however, it becomes possible for cash to leave the system without all the paper value disappearing into thin air.
1. Produce products, especially essential ones.
2. Give people work, so that they can afford products. Especially essential ones.
Everything else is just (potentially useful) junk capitalism added on top of it. So even if the concept of dividends would be forbidden many thinks would still go on like before, companies would still exist and make sense. Just the stock marked would probably be gone. Maybe that wouldn't be so bad IMHO.
All public companies are anticipated to pay dividends or buy-back at some point in time, it's what underlies stock pricing.
I don't know the specifics of the Danish case, but in other places, they're not saying you should never do these things - only that you don't do it for a fixed period of time if you want bailout money.
Corporations don't need to hoard money because viable businesses can always raise more. The exception is unforeseen systemic problems like this, but even they aren't really exceptions, the issue then is that everybody needs to borrow money at once and there aren't enough creditors which requires a policy change to make a sufficient amount of credit available.
I think that was just in the US; but the Trump tax changes got rid of global taxes on US companies, payable on repatriation and replaced it with essentially a minimum tax on global income, payable immediately, but credited by foreign taxes paid; plus a different rate on US income.
IIRC, the global minimum rate is about 10%, and the US rate is about 20%, and there's probably some progressivity, so those are the top marginal rates, but this isn't tax advice.
You present that as a statement of fact; but it's not at all clear to me why that should be true. Can you give your thinking on that?
A company may not be paying a dividend because it's reinvesting; or because it's unable to do so because it's making a loss.
Do you think Facebook (no dividends; almost completely dependent on advertising budgets) is a less vulnerable, less risky investment than AT&T (regularly pays substantial dividend)?
If the company chooses to pay out said buffer as dividends, it's to the benefit of shareholders. That's completely fine, market working as intended! But they shouldn't then be able to turn around and get state aid because the lack of said buffer now makes their company non-viable, at least not without restrictions like the Danes are imposing (no future dividends). To do otherwise incentivizes creating these fragile bufferless companies, and puts companies that do have a buffer at a competitive disadvantage.
What Denmark is doing, is saying you can get some aid to help your company, but going forward you must pay us (the society who supports you) back before you pay your investors. Unfortunately the dividend restriction period is capped at two years, while it should really be for an indefinite time.
That's true; but it's not at all the statement you made originally, is it? Do you actually have some data that suggests that dividend-paying companies are more likely to be run as you described?
Contrary example: AAPL in its Q1 2020 filing reported ~$200bn of cash, equivalents and marketable securities on hand. AAPL also pays a dividend.
Moreover: it's absolutely not to the benefit of shareholders to have a company fail just in order to pay a dividend (unless the dividend yield is something ridiculous); shareholders are often interested in a combination of growth and yield, and the value of the stock going to zero as the company fails is a bad outcome.
In fact, companies that pay a dividend by definition have a buffer. They can chose not to pay a dividend.
I disagree that companies that pay a dividend by definition have a buffer. If the income plummets (like in non-essential retail at the moment), they have no hypothetical dividend buffer to fall back on, that if not paid out would keep them in business.
That's a false dichotomy though.
Option three is what, for example, most of the profitable/zero-dividend tech firms do - which is to reinvest to boost market share, perform research and development and enter new businesses instead of returning a dividend to shareholders.
No dividends; but no cash pile either. Under your theory, those companies are no better equipped to deal with a crisis.
C'est la vie.
Stock prices usually drop after a dividend is payed out because each share now represents a claim on fewer assets.
Investors are often normal people like you and me, using dividends and the sale of shares to put food on their families' tables.
Not all dividend paying companies are greedy, and not all dividend investors are wealthy.
What you really mean is those "normal people" would have to sell their third car or maybe rent out their summer home without that dividend, which is just fine by me.
Many pension funds pay pensions by taking a dividend from investments.
Getting a dividend for last year's performance is the opposite of providing liquidity. If they get the cash because it was scheduled, they need to immediately put it back. If they take the cash and run, they failed to act in their own interest, and do not deserve to have their investment protected.
1. They are still paying your salary, and
2. They are still granting you stock, but
3. They have suspended dividends on the shares you were granted
seems like a reach. I'd definitely be interested in reading about it if someone actually tries it, though!
But I don't think it's an obligation. Not sure where you're reading that from what I said.
Sock compensation is often discretionary, and dividend payments as well. Not an obligation.
But I'm never argued it was a salary or an obligation. Literally never used either of those two words. I think you're arguing against something nobody said.
It's money you'd be paying a person. It doesn't matter if it was 'like a salary' or an 'obligation' or not. What difference do you think that would make? Preventing companies paying dividends is prevent them paying people. Real people!
A very small "many." I'd imagine that class consists mostly of highly-placed executives (who can be assumed to be rather wealthy) and some number of people playing the startup lottery.
Maybe at FAANG companies (whose FTE workers tend to be very well off) and some other companies with a startup lineage, but I highly doubt this is very widespread.
I, for one, would frankly refuse a compensation package that was majority stock, unless the salary was already good. It'd be too much like those Enron employees who filled their 401ks with Enron stock -- too many eggs in one basket.
If someone who's otherwise well-compensated complains about missing out on dividends on their stock, I have the world's smallest violin here, ready to play a song for them.
However, that is a small minority of all firms and I hope you will find it interesting to learn that many, many small firms' owners (Doctors offices, car dealers, liquor stores, carwashes, etc.) take regular compensation in the form of dividends.
Further, I will point that in the United States, if you are an "S Corp" (and millions are) you cannot, for the most part, carry over liquid cash from one year to the next. You are forced to distribute any leftover cash, typically in the form of distributions to owners (dividends).
That being said, receiving state aid on condition of suspending dividend payments makes very good sense and is the first condition I would add to such aid - you shouldn't need state aid if you are distributing profits.
The only example that I know the reason why is Amazon. [If you buy Amazon stock you either 1) expect dividends at some later stage or 2) plan on selling the stock for a higher price.]
Others avoid dividends, as dividends are profits that are taxed twice. (Once for corporate income taxes, and again for individual income taxes.)
Selling the stock for a higher price has opportunity for favorable tax treatment at the lower long-term capital gains vs dividends taxes as regular income.
Dividends are generally taxed at the long-term capital gains rate, not as ordinary income.
How many stocks in the S&P 500 pay no dividends?
> You are correct that the vast majority of publicly traded companies do not pay dividends.
... is usefully true?
Someone else made the comment that plenty of private companies pay "dividends" (e.g. USA K-1), but a cursory read of the Danish policy indicates that these private dividends are probably not affected.
I certainly don't think it would be appropriate to bail out a company that's throwing money out the window unnecessarily.
As your sibling points out:
"The article does a bad job at explaining it, but companies that take aid cannot pay dividends or buy back stock until they return the aid."
So it has nothing to do with historical dividend payments - you just can't pay dividends while receiving the state aid.
The article doesn't make clear whether they're using past behavior (what they did with previous government aid), present behavior (are they currently a public company established as paying dividends), or future behavior (an agreement not to pay dividends or buy back stock, in order to receive aid).
The article does a bad job at explaining it, but companies that take aid cannot pay dividends or buy back stock until they return the aid.
This is so that aid is not redirected into the pockets of shareholders and is instead used to keep people employed.
>The Government and all parties to the Parliament agree that the extended and extended fixed cost scheme introduces a condition in the Compensation Orders that applicants, as a condition of receiving compensation for the extended period, must declare by faith and laws, that the companies will not pay dividends or buy back shares for the financial years 2020 and 2021. The condition will apply to companies that receive more than DKK 60 million. in compensation in 2020 in the compensation scheme for fixed costs. Companies will later be able to free themselves from these restrictions by repaying paid aid under this scheme in excess of DKK 60 million.
Translated from: https://www.fm.dk/nyheder/pressemeddelelser/2020/04/regering...
DKK 60 million is about 8.8 million dollars.
If you have money to pay dividends, you have money to pay back your government aid.
Otherwise it seems ripe for my company to claim 7 million dollars of aid as unsecured loans, then pay out nice big dividends claiming you are in a strong financial position because you are forecasting lots of business next year, then in 2 years time when the loan repayments become due, go bankrupt.
I think the $8.8 million is too high out of an abundance of caution but I can see the reasoning.
https://www.nasdaq.com/market-activity/stocks/bac/dividend-h...
It counters "Heads I win, Tails you lose" -strategy where the risk of business is offloaded to lenders while owners take profits. It's common tactic in distressed companies to load the company them with debt and suck the firm try with huge dividends. Lenders are left with nothing when the company goes bankrupt.
Now Danske Bank is planning on using those money to secure their business going forward, and we expect some companies to follow this route. Others will go a head with their firings, like Vestas, to make sure share holders get richer.
Now this is not something we actually want in Denmark. I know it’s capitalism, but our most recent election results showed a record support of our social democracy. We’ve never had less support for liberalism (which is our branch of capitalism) than we do now since the end of WW2. So we value people keeping their jobs above shareholders making money.
I personally think we should be even tougher on taxing the rich. If we know companies sit in tax-havens then we should really do something about that, shouldn’t we
The point is that companies need to take the hit on their owners and shareholders pockets first, and only then if they still need aid to survive, then the government steps in.
It’s aiming to protect the bottom, not the top.
But by definition if you have cash to distribute to your owners, you could be using that to pay salaries instead and delay or avoid layoffs and furloughs. So it's very reasonable that a government bailout policy designed to prevent job losses (and not to shore up shareholder value) would incentivize giving money to the people who are targetted and not shareholders.
Of course some banks have recently argued that their dividends are something like debts. They argue that cutting the dividend would cause investors to panic, so they must be essential to the financial system. This is a weird argument, but if you took it seriously you would have to include dividends in their post-2008 stress tests. You would require regulatory approval before they increased the dividend, as you would if they increased their debt-to-asset ratio.
https://www.bloomberg.com/opinion/articles/2020-04-06/a-virt...
They don't want to pay out aid to companies that then just hand the aid money out to investors.
Regarding buy-backs and dividends, companies receiving more than 60 million DKK in subsidy for fixed costs have to promise no buy-backs and dividends in fiscal years 2020 and 2021. If they pay back the subsidy they will be freed from this obligation.
60 million DKK is approximately 8.7 million USD or 8 million EUR.
Regarding "tax havens", the legislation states that the companies receiving these subsidies have to pay their taxes according to national rules and international agreements. Companies based in EU-defined "tax havens" will not be eligible for compensation unless denying them compensation would violate EU legislation or other international agreements.
You can read the press release and legislation from the Ministry of Commerce in Danish here:
https://em.dk/nyhedsarkiv/2020/april/covid-19-regeringen-og-...
This just common sense, wonder why its not the standard.
Is it whether you paid dividends recently in the past? Because remember businesses are supposed to pay dividends -- and you could have been profitable enough to pay a dividend in January but now deep in losses -- and whether they paid dividends in any particular recent timeframe can be fairly arbitrary.
And if it means being prohibited from paying dividends for a period of time going forwards, this seems similarly arbitrary -- basically any business can just pause dividends, then as soon as the time period expires, and immediately or gradually pay the previous dividends they didn't.
Coming up with any useful definition for whether a company deserves aid or not, short of whether they're actually filing for bankruptcy, is already incredibly difficult, but basing it on dividends is beyond simplistic. Different types of businesses have such wildly different patterns of savings and cash flows they're extremely hard to compare or draw any kind of line between "responsible" and "irresponsible" companies.
Well first off, dividends are a normal method for business owners to make an income... they take all the risk, but reap some limited rewards by taking dividends rather than a salary.
Buying back shares I’m fine with. While that could actually be seen as a form of “reinvesting”, I get the point.
What sense does the “registered in tax havens” part make though? If they’re a foreign-registered company would they ever have been eligible for aid? Plenty of companies in Europe are employing thousands of people, but are “owned” by a company elsewhere, so how do we define that ownership and “tax haven”?
If you didn’t keep enough cash on hand (because you were shoveling profits out the door), you lose your ownership interest (insolvency with no bailout).
These are very reasonable conditions for a nation state bailout.
This is implying you could keep enough cash on hand. Outside of tech giants, how many companies keep enough cash reserves to survive months without revenue?
Edit: Very few business have that cash on hand, but will usually have access to credit revolvers that could carry them through this. I am aware of many firms that have drawn down their entire revolver.
Now whether we should be bailing companies out, that's a separate question.
Fundamentally, if 2020Q1/Q2 GDP is effectively down 30% or whatever the number is, and we want to "replace" that loss, it's hard to see where that sort of money can come from except "all of us" in various forms (higher taxes due to government bailouts, higher prices, higher inflation, etc, etc). The main question is where the incidence of the economic pain will fall. Letting companies go out of business places that incidence partially on the shareholders and partially on the ex-employees and partially on the ex-customers. Unemployment insurance and the like can partially help the employees in the short term. The shareholders seem to get little sympathy, understandably, though note that they include things like pension funds and whatnot. Customers (who can no longer get the goods the company used to provide) may be just out of luck or other companies might at some point spring up to address the demand. In the short term they are just out of luck.
It seems to me that a lot of economic readjustment will take place no matter what, with open questions about speed and smoothness.
Simple, bail the companies out (thus saving all the jobs), but wipe out (or significantly dilute) existing shareholders.
They find themselves talking to themselves for the money.
They hate that.
I’d agree it’d be different if your business is small (less than $10M/year in turnover); you’d look at the books with a less critical eye.
When a company requires more cash, in times of need, it can issue debt or raise capital. Capital is usually paid last, in the pecking order. If government is lending to companies, it is reasonable to require them to avoid depleting its cash reserves paying capital.
It's important to point out that "shareholders" could include "managed retirement plans", especially when talking about stocks that pay dividends.
This makes perfect sense, otherwise it's a textbook case of socializing the losses and privatizing the profit. Paying dividends (and stock buybacks) is a trade-off that companies make, that makes the company less resilient. Risk/reward needs to work in both ways, both in terms of gains as well as losses.
Shareholders should not just profit from the upside, but eat the downside too, which his exactly what this is. You can't take the dividends, claiming "I took all the risks", and then expect the state to bail you out. No upside without downside. Skin in the game.
While that is true for a lot of large companies (kind of like the ones that shouldn’t be asking for state aid), for the small ones it’s very different.
As a small business owner myself, it matters hugely - if the company makes $100,000 in profit and I have to pay two employees $40k each, I’m barely making ends meet.
Honest question - how would paying yourself dividends change this math? Dividends have to come out of the same $100k right?
If the economy slows down and gross profit decreases, company A stops its dividend. Company B defaults and declares bankruptcy.
Do we really want to bailout only company B? Tax policy already pushes companies to look more like company B.
I'd disagree strongly on that account. The business owners take the monetary risk, but that is a small portion compared to the overall risk of the workers. If somebody moves across the country, that is a risk. If somebody invests time in learning a skillset, that is a risk. If somebody is going to need to choose between rent and groceries if they are laid off, that is a far bigger risk than the monetary investment of a venture capitalist.
I agree with your point - and all of these risks are completely unrecognised in our current system. They need to be.
Except if they did actually take all the risk, they would presumably be going bust right now...but they aren't going bust because they are being bailed out.
This is an example of "privatizing the gains and socializing the losses", the opposite of ownership risk.
Besides dividends are not the only reward of ownership, the equity/stock has a value separate from the dividend...a company taking taxpayer dollars and turning around and give x% of taxpayer bailout to owners is a direct transfer of wealth to the ownership class and just burns the cash flow the business presumably needs to attempt to survive.
Opening the doors of an idle restaurant at the end of the lockdown is a lot cheaper and more efficient than starting up an entirely new one.
A less rational reason, of course, is that the policymakers writing the bailout laws tend personally to be more affiliated with and sympathetic to business owners than employees. There is some of that too.
2. During a recession, people will save that money and not spend it
In the USA at least, the government did write a check to individuals (below a certain annual income).
I hate crappy poorly thought out measures like this.
Is this a loan? If so, no dividends should be paid (or buybacks offered) until it's repaid. Otherwise companies just need to hold fire for 18m and it's free money!?
And if it is a loan, there should be interest and compulsory payments after (say) 6 months. Otherwise you're bailing out companies that SHOULD go bankrupt and penalizing ones that don't.
This is like when my country (the UK) bailed out banks. We got equity in exchange (smart). Then we decided to ban bonuses because politics. So we got sued and lost and had to pay them and legal costs. Then we said no more bonuses, so the good bankers, the ones that made a profit and who were not involved in the BS mortgage crap all moved to private banks. And we were left with hollow shells of companies we'd paid a fortune for.
We may not like it much, but government equity purchases are a much more aligned way to pursue a bailout. World governments (and by proxy taxpayers) should be gaining ownership or preferred rights in these deals. Then shareholders could be free to do whatever ridiculous dividend / buyback policy they want. Putting time limited bans on corporate payouts doesn't fix the incentives that lead to high payout rates in the first place. Shareholders losing 80% of their equity in a bailout would.
There are always some loopholes, governments should know.
in Danish of course.
That’s not to say bailout money shouldn’t be restricted, it just seems like a dumb rule. Why not delimit it based upon a company’s behavior, such as excessive risk taking or over leverage? The companies that were not anywhere near robust to financial shocks deserve to die, but dividend issuance seems a poor way to select for these.
...which is exactly what the rule is about, see the press release from the Danish Ministry of Finance:
https://www.fm.dk/nyheder/pressemeddelelser/2020/04/regering...
> Regeringen og alle Folketingets partier enige om, at der i den forlængede og udvidede ordning for faste omkostninger, indføres en betingelse i kompensations-bekendtgørelserne om, at ansøgende virksomheder som en forudsætning for at modtage kompensation i den forlængede periode på tro og love skal erklære, at virksomhederne ikke vil udbetale udbytte eller foretage aktietilbagekøb for regnskabsårene 2020 og 2021. Betingelsen vil gælde for virksomheder, der modtager mere end 60 mio. kr. i kompensation i 2020 i kompensationsordningen for faste omkostninger. Virksomheder vil senere kunne frigøre sig fra disse begrænsninger ved at tilbagebetale udbetalt støtte efter denne ordning ud over 60 mio. kr.
If you do that in January then you can't use the same money again in February when things are bad.
We kept rates low and gave big tax cuts during boom times. This left little in our quiver for the end of the boom.
The forewent tax revenue now would have been useful for a larger payment protection program. Part of the cynicism and restrictions around current proposals stem from how the 2017 tax cuts excess monies were deployed (shareholder buyback and dividends, not hiring or pay raises)
DUH! The point of a surplus is to save for emergencies! Sure, if there is more than, hm, let's use Chase bank: Six months savings, then send the rest back. But running a state with no emergency savings seems asinine, no?
Unless... maybe a state can just go way into debt immediately if they need to in case of emergency? I don't know how this works, but I'll quote Chase bank, when they berated millennials for not having 6 months savings in case of emergency.
"That’s in part because, in many cases, states are legally barred from deficit spending, which means in times of crisis, especially those producing huge budget shortfalls through collapsing tax revenue, they are functionally unable to respond at all. In such situations, the federal government is designed to serve as a backstop, but over and over again throughout this crisis, the White House has said states will get little to no help — that they are entirely on their own. (The federal medical stockpile isn’t meant for the states, as Jared Kushner has said, as though the country is anything more than its states.)"
This is why the Trump government stealing PPE supplies from states is so fucked up:
Source:
https://nymag.com/intelligencer/2020/04/hospitals-face-a-whi...
Which political party are we talking about here? This has never been a tenant of the modern Republican platform. They've tried to oppose every remotely reasonable education, healthcare and economic policy over the past 30 years.
You see the tax breaks as a mistake, but wealthy Republican donors got exactly what they wanted. There's no "oops" about this, it was intentional from the start. Rich bailouts for their rich friends. Not that the Dems are much better...
1. Denmark is a country in Scandinavia where they speak Danish. It's not a tax haven and it is not the country where they speak Dutch.
2. That country is called the Netherlands and that country has a tax evasion scheme named after it: https://en.wikipedia.org/wiki/Dutch_Sandwich
Denmark is a tax haven for holding companies.