Corporations have no moral right to claim that as 'tax paid' in these discussions.
A person earning $X for a company that pays corporate tax would have the same individual tax liability as an individual earning $X for a company that does not pay corporate tax.
To preempt one likely response to this: no, it's not appropriate for a non-US-resident shareholder of Amazon to not pay any US tax on their share of Amazon's pre-tax profit. Amazon is leveraging US-taxpayer-funded resources, including roads, the electrical grid, the military (which protects Amazon's buildings and shipping routes), arguably the educational system, etc. to generate profit, and anyone with a claim to a portion of that profit should have to help pay for those resources.
Second of all, U.S. citizens absolutely do pay taxes on investment earnings. If you hold stocks in a tax deferred IRA, you pay your taxes when you take distributions and at full income tax rates, no capital gains or dividend tax breaks. That's true of any tax deferred account.
Anyone "shielding" taxes in a "non-US shell corporation" is committing tax fraud.
The best solution to that is to eliminate the extra layers of taxes on investing in the U.S, in one way by eliminating corporate income taxes or allowing corporations to deduct dividends as expenses. Then the benefits of hiding your investment earnings become far less, and not proportionate to the risks.
If corporations are taxed then there is effectively double taxation. Corporations can only spend the money on business expenses, such as paying people. However when people are paid they are being taxed already.
So our current tax system taxes a corporation if they have excess money they sit on. If they spend the money on productive uses it doesn’t get taxed, but then the people who receive the money get taxed.
So the headline is extremely disingenuous because if Nike had $0 taxable income it’s only because they shifted the taxable income to the CEO’s pay.
Not really. Corporate profits are taxed, not revenue. Taxes aren't figured until salaries are already paid.
> ... if Nike had $0 taxable income it’s only because they shifted the taxable income to the CEO’s pay.
I'm sure it's a lot more complicated than that. Companies aren't avoiding tax by giving all excess revenue to their CEO as compensation. That wouldn't really make sense at all.
We're saying the same thing here. My point is that double taxation is avoided by figuring the taxes after salaries are paid out, which ideally would be brought to $0 because nobody wants to be double taxed.
> I'm sure it's a lot more complicated than that. Companies aren't avoiding tax by giving all excess revenue to their CEO as compensation. That wouldn't really make sense at all.
The CEO is just another employee. Obviously they don't just give the CEO all the extra taxable profit... Why do you think end-of-year bonuses are given out at end-of-year? Because there's taxable income on the balance sheet and if it doesn't get bonus'd to employees then it would be sent to the Trump/Biden/whomeever is president's administration as taxes. Nobody's going to give you bonus points for paying extra taxes, but if your employees get a nice bonus they might stick around or work harder at least.
It often feels like HN threads on big company taxes revolve around the same patterns, the people that repeat ad nauseam "but if it's legal it's legal!" and the ones that bring up double taxation as if that is some sort of tax cheat code.
Double taxation on income and then on your food is just extra tax revenue, and nobody's going to stop eating because of it, though you might eat less expensive. Some places do indeed do not have taxes on basic food.
Honestly, there is no benefit in fixing that because everyone is a useful idiot perpetuating the status quo and not even realizing it.
The best populist uprising starts off with this observation and ends with salaried workers getting a slightly higher tax and never touching the rich who obtain goods and services very differently.
The framing always starts about "the rich" and gets deflected towards the top 5% of wage earners who will become masqueraded as "the rich". Everyone involved will agree for two reasons: 1) it's the best they'll get from Congress and they feel like they're "doing the thing" and participating, 2) because they are wage earners and that's the only form of taxation they can relate to or even really somewhat know about.
For example, in a thread like this, someone will quote some flawed study about diminishing returns of an undefined form of "happiness" after making $75,000 a year, and then someone will talk about cost of living disparities as if that's an insightful addition to the conversation (wow, complex topic there, Champ), and all of this is being used for wage earners to fight amongst themselves about why they shouldn't have any feelings for the person that got a six-figure salary, when that new target wasn't even the person that their angst was originally directed towards.
That labor income is taxed particularly heavily (compared to generic income, which in turn is taxed extra compared to capital income) is another, and bigger, problem, yes.
It doesn’t mitigate the fact that effectively untaxed corporate returns amount to potentially infinite deferral of taxes on capital accumulation on top of the low rates paid when capital gains are realized.
Corporate retained profits that aren’t passed through to owners for tax purposes should be taxed, with no sheltering or protection, at the maximum marginal personal income tax rate, corporate distributions should be deductible expenses, and capital distributions and gains should be taxed as normal income to the recipient (but, to fairly treat long term gains—as well as irregular non-capital income—asset basis values should be adjusted for inflation and there should be provisions for optional advance recognition of income for tax purposes and optional deferred recognition over a period of years for windfalls. And “payroll taxes” shouldn’t be separate from personal inncome taxes; all incone regardless of source should be taxed for the programs they support and be counted for eligibility purposes (for social security specifically, additional bend points at and points beyond the current maximum should be adopted instead of the income and benefit caps.)
I'm not saying that's the only reason Amazon is successful, but it absolutely played a role. My early shopping with Amazon was always of two varieties - to purchase things I couldn't find elsewhere or to save money on more expensive purchases. Only relatively recently has Amazon become the most convenient way to shop.
Respectfully, I disagree, that's just progressive taxation and it's true of every other aspect of our tax system. Someone who pays 10X or 100X more taxes than me isn't getting 100X the value out of our roads, bridges, or the army.
It's fair IMO because of the marginal utility of money. If you make $50,000 per year, $10,000 means a lot. If you make $10M, $10K is a rounding error or a fun weekend in Vegas. A progressive tax system is IMO flat when plotted against the marginal utility of the value accrued. Think of it in terms of burgers. I require 3 burgers a day to live. I get paid 3. If you try and take 1, I go hungry. That burger is worth a lot to me. On the other hand if I get paid 10 burgers, and you try and take 1, it means nothing to me. That burger is worth a lot less because I'm already so full. Same is true in the abstract in terms of dollars.
Of course we can remove the contribution cap, but now it's not a retirement plan funding mechanism, it's an income tax that has no justification for retirement plan funding.
The next most popular choice are NSOs, which are taxed as ordinary income when exercised on the difference between the strike price and the fair market value -- and you do in fact pay Social Security and Medicare taxes. Once you hold the stock, it's no longer compensation, it's an asset you've bought and paid for.
Third most popular are ISOs which do have some preferential treatment, although it's rare to be issued ISOs at anything other than a very early stage company, and at that point, you're likely to exercise early, and then once again, you've bought and paid for an asset and the it's no longer your compensation.
Founder shares are also assets and not compensation, and taxed as such, assuming you file your 83(b) election in a timely fashion.
I think it's fair to say that the rare issuance of ISOs notwithstanding, stock compensation is taxed as ordinary income and is exposed to social security and medicare taxes.
Finally -- and most importantly, IMO -- social security tax stops accruing after you've earned $142,800USD. Chances are if you're earning stock compensation in the Bay Area, that's covered by your base pay plus bonuses, if applicable.