The societal ethics, morality and the spirit of the law should all be taken into account when judging behaviour. Exploiting tax structures in order to conceal income is absolutely immoral and shouldn't be tolerated.
This is especially egregious when the tax loopholes are effectively gated behind behing a multi-national corporation. It leads to even greater concentrations of wealth in the hands of these companies which damages the health of the local markets they operate in.
If there's something unique about what they're doing, especially as a result of them lobbying for certain parts of the tax code, then I can see it being judged harshly.
If anyone can do what they're doing, then I don't see it as particularly negative.
> If anyone can do what they're doing, then I don't see it as particularly negative.
Typically not just anyone can do this, smaller firms do not have the resources set-up these schemes. Smaller firms are also much more likely to be slapped down by the government. The result of this is that larger corporations are further advantaged.
I think attempting to equate personal and corporate taxation is a mistake. Corporations are increasingly transnational in a way that people cannot be, and they are leveraging not just local tax codes, but often established treaties and differences between national tax codes that were introduced with different intent.
Whether a firm can do something similar depends on the specifics. I'm not sure how large IKEA was when they set up their corporate structure in the early 80s, but I doubt they were as large as they are today.
https://web.archive.org/web/20201112042116if_/https://www.ec...
I'm not trying to equate personal and corporate taxation though. If IKEA wants to funnel a large portion of their profits into a foundation to control themselves rather than paying taxes to the government instead, I don't see how that is tax avoidance. Many other foundations around the world are set up so the controlling interests of companies can choose how to disperse money instead paying taxes and letting the government choose how to disperse it. Not that there's anything wrong with that either, but having a corporation designed to minimize taxes by funneling profits into a foundation doesn't scream tax avoidance to me.
With that said, there could be other aspects of their corporate structure that I'm not aware of, but like I said, if other companies can also implement the same structure, even if it's across national boundaries, I don't see it as being particularly unethical. Although if someone believed for instance that companies should always repatriate all profits, then I could see how they would think this is unethical, so as usual YMMV.
Edit - To put it another way, there don't seem to be laws restricting investment firms from buying controlling interests in companies to manipulate asset prices/consumer behavior, which to me is far more detrimental than someone who may be pathologically frugal deciding they want to minimize taxes by setting up a complicated corporate structure with a foundation.
Non-profit taxation laws were not set up with the intent of allowing for profit businesses to avoid taxation. That doesn't mean that it wasn't the outcome.
> Edit - To put it another way, there don't seem to be laws restricting investment firms from buying controlling interests in companies to manipulate asset prices/consumer behavior, which to me is far more detrimental than someone who may be pathologically frugal deciding they want to minimize taxes by setting up a complicated corporate structure with a foundation.
The existence of a worse scenario doesn't prevent us dealing with the current one.
The worse scenario doesn't preclude us from addressing less bad scenarios, but I think we should focus more time and effort on that than on reforming the laws around foundations and non-profits, and by we I mean HN readers and the general public.
Personally I think arguing for levelling the playing field through tax reform would lead to quicker/easier results than arguing for altering the ways in which companies may invest in one another but that could just be because I've been involved in less discussion around the latter issue.
A 401k has the specific purpose of helping large businesses maintain a competitive advantage over small businesses. If the government wanted to help individuals fund their retirement years, then there is no reason to involve employers in the tax code. They could simply issue the same rules and contribution limits for IRAs.
But they don't. They punish you if you're employed by an employer that doesn't offer a 401k, by setting your contribution limit to a paltry $6k while 401k participants get tens of thousands, and your contribution limit is zero if your spouse is eligible for a 401k and your income is over a certain amount.
When something so blatantly tilted towards the rich, white collar world exists, and can so easily be fixed (by simply matching the terms of the IRA to the 401k), and has not been fixed for over 4 decades, I then take it to be intentional.
Making use of the ability to employ considerable resources to reduce your corporation's tax burden in ways that organisations without those resources cannot is absolutely a violation of the social contract surrounding taxation, which typically follows the convention that those who profit the most from society should return the most. As a result it's no longer shrewd but immoral.
Robust corporate taxation pays for decent social safety nets/UBI, such that people aren't at the mercy of the whims of whatever mega-corp they're dependent upon for survival. This has the added benefit of naturally improving wages and worker's rights, while allowing for the removal of a minimum wage.
It also has the added benefit of decoupling artistic expression from corporate funding.
That is, right now, we don't have UBI and the safety net, at least in the US, is very weak, so employment and decreased unemployment _are_ necessary for the time being and the ideal state described here is many more steps away than the current status quo.
Pursuing increased employment as the goal distracts from the real changes that have to be made in order to facilitate those social safety nets, since these inevitably require raising taxes in order to fund them.
The efficacy of job creation through tax cuts is also a matter of debate. This article[1] (which appears fairly well sourced) seems to imply that the expansion of unemployment benefits is at least as effective as cutting corporate taxes and potentially more so when taxes are already low.
[1] https://www.thebalance.com/do-tax-cuts-create-jobs-3306325
Don't business taxes (whether US taxes on profits or European VAT) ignore the costs of goods?