Thursday 26th of December 2024

bad apple .....

bad apple ....

Even as Apple became the nation’s most profitable technology company, it avoided billions in taxes in the United States and around the world through a web of subsidiaries so complex it spanned continents and went beyond anything most experts had ever seen, Congressional investigators disclosed on Monday.

The investigation is expected to set up a potentially explosive confrontation between a bipartisan group of lawmakers and Timothy D. Cook, Apple’s chief executive, at a public hearing on Tuesday.

Congressional investigators found that some of Apple’s subsidiaries had no employees and were largely run by top officials from the company’s headquarters in Cupertino, Calif. But by officially locating them in places like Ireland, Apple was able to, in effect, make them stateless - exempt from taxes, record-keeping laws and the need for the subsidiaries to even file tax returns anywhere in the world.

“Apple wasn’t satisfied with shifting its profits to a low-tax offshore tax haven,” said Senator Carl Levin, a Michigan Democrat who is chairman of the Senate Permanent Subcommittee on Investigations that is holding the public hearing Tuesday into Apple’s use of tax havens. “Apple successfully sought the holy grail of tax avoidance.

It has created offshore entities holding tens of billions of dollars while claiming to be tax resident nowhere.”

Thanks to what lawmakers called “gimmicks” and “schemes,” Apple was able to largely sidestep taxes on tens of billions of dollars it earned outside the United States in recent years. Last year, international operations accounted for 61 percent of Apple’s total revenue.

Investigators have not accused Apple of breaking any laws and the company is hardly the only American multinational to face scrutiny for using complex corporate structures and tax havens to sidestep taxes. In recent months, revelations from European authorities about the tax avoidance strategies used by Google, Starbucks and Amazon have all stirred public anger and spurred several European governments, as well as the Organization for Economic Cooperation and Development, a Paris-based research organization for the world’s richest countries, to discuss measures to close the loopholes.

Still, the findings about Apple were remarkable both for the enormous amount of money involved and the audaciousness of the company’s assertion that its subsidiaries are beyond the reach of any taxing authority.

“There is a technical term economists like to use for behavior like this,” said Edward Kleinbard, a law professor at the University of Southern California in Los Angeles and a former staff director at the Congressional Joint Committee on Taxation. “Unbelievable chutzpah.”

While Apple’s strategy is unusual in its scope and effectiveness, it underscores how riddled with loopholes the American corporate tax code has become, critics say. At the same time, it shows how difficult it will be for Washington to overhaul the tax system.

Over all, Apple’s tax avoidance efforts shifted at least $74 billion from the reach of the Internal Revenue Service between 2009 and 2012, the investigators said. That cash remains offshore, but Apple, which paid more than $6 billion in taxes in the United States last year on its American operations, could still have to pay federal taxes on it if the company were to return the money to its coffers in the United States.

John McCain of Arizona, who is the panel’s senior Republican, said: “Apple claims to be the largest U.S. corporate taxpayer, but by sheer size and scale, it is also among America’s largest tax avoiders.”

In prepared testimony expected to be delivered to the Senate committee by Mr. Cook and other Apple executives on Tuesday, the company said it “welcomes an objective examination of the U.S. corporate tax system, which has not kept pace with the advent of the digital age and the rapidly changing global economy.”

The executives plan to tell the lawmakers that Apple does not use tax gimmicks, according to the prepared testimony.

Mr. Cook is also expected to argue that some of Apple’s largest subsidiaries do not reduce Apple’s tax liability, and to press for a sweeping overhaul of the United States corporate tax code - in particular, by lowering rates on companies moving foreign overseas earnings back to the United States. Apple currently assigns more than $100 billion to offshore subsidiaries.

Atop Apple’s offshore network is a subsidiary named Apple Operations International, which is incorporated in Ireland - where Apple had negotiated a special corporate tax rate of 2 percent or less in recent years - but keeps its bank accounts and records in the United States and holds board meetings in California.

Because the United States bases residency on where companies are incorporated, while Ireland focuses on where they are managed and controlled, Apple Operations International was able to fall neatly between the cracks of the two countries’ jurisdictions.

Apple Operations International has not filed a tax return in Ireland, the United States or any other country over the last five years. It had income of $30 billion between 2009 and 2012. By shuttling revenue between international subsidiaries, Apple was able largely to sidestep paying taxes, Congressional investigators said.

In the prepared testimony, Apple executives disputed the characterization of Apple Operations International. “A.O.I. performs important business functions that facilitate and enhance Apple’s success in international markets,” the testimony states. “It is not a shell company.”

The Senate investigators also found evidence that the company turned over substantially less money to the government than its public filings indicated.

While the company cited an effective rate of 24 to 32 percent in its disclosures, its effective tax rate was 20.1 percent, based on the committee’s findings. And for a company of Apple’s size, the resulting difference was substantial - more than $8 billion in 2009, 2010 and 2011.

Because of these strategies, tax experts say, Washington is forced to rely more and heavily on payroll taxes and individual income taxes to finance the government’s operations. For example, in 2011, individual income taxes contributed $1.1 trillion to federal coffers, while corporate taxes added up to $181 billion.

As companies’ earnings have accumulated offshore, many executives have been pushing more aggressively for a tax holiday that would allow them to bring back funds at lower tax rates. Apple has recently announced that it will return $100 billion to shareholders over three years through a combination of dividends and purchases of its own shares. Though Apple has enough cash on hand to pay for those initiatives, the company recently announced it would take on $17 billion in debt, rather than bring overseas money back to the United States to avoid paying repatriation taxes on those returning funds.

“If Apple had used its overseas cash to fund this return of capital, the funds would have been diminished by the very high corporate U.S. tax rate of 35 percent,” Mr. Cook is planning to testify, according to the prepared text. Apple “believes the current system, which applies industrial era concepts to a digital economy, actually undermines U.S. competitiveness.”

Critics, however, say these so-called repatriation holidays, which bring back funds at lower tax rates, do virtually nothing to stimulate the economy and benefit only corporations, their executives and shareholders. Congress enacted a repatriation holiday in 2004, allowing corporations to bring back about $300 billion from overseas and pay just 5.25 percent rather than the regular 35 percent corporate rate.

But a study by the National Bureau of Economic Research found that 92 percent of the repatriated cash was used to pay for dividends, share buybacks or executive bonuses.

“Repatriations did not lead to an increase in domestic investment, employment or R & D, even for the firms that lobbied for the tax holiday stating these intentions,” concluded the study, which was conducted by a team of three economists that included a former Bush administration official. Tuesday’s hearing on Capitol Hill, along with the disclosures about Apple’s tax policies, are likely to make lowering repatriation taxes a more difficult proposition for lawmakers to stomach, Congressional staff members said.

On Capitol Hill Monday, legislators made plain their fury over what they called Apple’s “egregious” and “outrageous” conduct.

While other companies have taken advantage of loopholes, Mr. Levin said, “I’ve never seen anything like this and we don’t know anybody who’s seen anything like this.”

Apple Avoided Billions In Taxes - Congressional Panel Says

 

real tax reform ....

real tax reform ....

Oxfam, the UK based charity, estimates that some $18.47 trillion is being held by individuals in tax havens around the world. Of this some $7.18 trillion is in accounts situated in British Overseas Territories and Crown Dependencies.

Tax lost in tax havens is enough to end global extreme poverty twice over according to new figures published by Oxfam, Wednesday. 

Although a deal was done earlier this month to get some of these tax havens to be more transparent and share tax information, there is still no tax deal on the table that will benefit poor countries who are struggling to reclaim billions of dollars.

In the agreement British tax havens in the Caribbean have said they will provide information on offshore bank accounts.

Tax havens take desperately needed cash from poor countries as well as from citizens at home who are being hit by austerity measures, the international agency said.

Some of the major world, EU and British tax havens are the Bahamas, Luxembourg, the British Virgin Islands and the Isle of Mann, which is located under 50miles away from the UK mainland.

“These figures put the UK at the center of a global tax system that is a colossal betrayal of people here and in the poorest countries who are struggling to get by, and put the government on the side of the privileged few,” said Emma Seery, Oxfam’s head of Development Finance and Public Services, in a statement.

The $156 billion in lost tax revenue is estimated by Oxfam to be just a fraction of the total tax lost, as it only reflects the amount of tax individuals are neglecting to pay and doesn’t include tax dodged by companies that costs poor countries a further $160 billion a year.

Oxfam is part of the Enough Food for Everyone IF campaign, which is calling on the G8 to make all tax havens join a multinational agreement to share tax information.

The campaign includes more than 200 UK anti-poverty organizations and calls on the British government use its presidency of the G8 to launch a Convention on Tax Transparency, where countries would commit to preventing individuals and companies from making their wealth untraceable.

“The crucial thing at G8 is that any tax deal is multilateral, which means the developing world would be able to recoup the money owed to them,” Emma Seery told RT.

The UK Prime Minister David Cameron is attending an EU summit Wednesday where European heads of state and government will be addressing the unfair global tax system. Two thirds of the world’s offshore wealth, some $12.29 trillion is sitting in European linked tax havens, including the British ones.

“Britain’s credibility is on the line; talking tough on tax, whilst continuing to usher a third of the world’s wealth into UK tax havens, risks making a mockery of David Cameron’s leadership at the G8 summit in June,” Seery said.

Oxfam says the EU is set to fail on imposing countermeasure sanctions against tax havens and those using them and that they won't come out of Brussels with a deal.

In fact the EU meeting will be about harmonizing tax across the trading bloc. Attempts for a better exchange of information on what tax multinationals are paying, which were meant to be global rather than European in scope, have been taken over by various attempts to create a consolidated EU corporate tax base.

$150 Billion Lost In Tax Havens Enough To End Extreme Poverty Twice Over

a whole barrel of rotten apples ....

a whole barrel of rotten apples ....

 

Earlier this week, a Senate panel investigated how Apple avoided billions in taxes through a web of offshore subsidiaries "so complex it spanned continents and went beyond anything most experts had ever seen." Although the company may have achieved, in the words of Sen. Carl Levin, the "holy grail of tax avoidance," senators didn't accuse Apple of doing anything illegal and it is by no means alone in its use of loopholes and gimmicks to avoid paying taxes.

The U.S. corporate tax rate is 35 percent — one of the highest in the world — but as The New York Times reported yesterday, the effective corporate tax rate (what companies actually pay) "fell to 17.8 percent in 2012 from 42.5 percent in 1960," according to the Federal Reserve Bank of St. Louis. Another chart from the Citizens for Tax Justice shows 10 companies that managed to do much better than average, paying little or no taxes for the past five years. Dollar amounts are numbers in millions and "rate" is the effective tax rate that the companies paid.

 

a whole barrel of rotten apples 2 ....

 

It's Not Just One Bad Apple

 

short-changed ....

short-changed ....

All three companies pay the majority of their employees poverty-level wages.

Apple, Walmart and McDonald's are among the largest corporate employers and profit-makers in the U.S., with a total of 2.6 million employees worldwide (1.6 million in the U.S.) and combined 2012 pre-tax profits of more than $88 billion. 
All three companies pay the majority of their employees low wages: poverty-level wages. This is borne out by SEC data and the companies' own press releases. The only question is who gets away with the most profits while their employees are forced to tap into public money - our tax money - for food stamps, healthcare and other assistance. 
Walmart: Underpaying the Most People 

Walmart employs about 2.1 million workers, two-thirds of them in the United States. Its 2012 revenue is three times that of Apple, and about 15 times that of McDonald's. The company claims its average full-time wage is $12.78 per hour. That's just under $26,000 per year. (IBISWorld says Walmart pays associates $8.81 per hour.)

Based solely on its U.S. business, Walmart makes over $13,000 in pre-tax profits per employee (after paying them), which comes to more than 50 percent of the earnings of a 40-hour-per-week wage earner. 

A little-known fact about Walmart that impacts most of us: A study in Wisconsin by the U.S. House Committee on Education and the Workforce determined that a typical Walmart store costs taxpayers over $1.7 million per year, or about $5,815 per employee. 
Not mad enough yet? Four members of the Walmart family made a combined $20 billion from their investments last year. Less than half of that would have given every U.S. Walmart worker a $3 an hour raise, enough to end the public subsidy. 

McDonald's: Paying the Lowest Wages 

McDonald's employs 440,000 workers worldwide, most of them food servers making the median hourly wage of $9.10 an hour or less, for a maximum of about $18,200 per year. The company's $8 billion profit, after wages are paid, works out to the same amount: $18,200 per employee. 

PayUpNow.org estimates that U.S. income per employee is approximately the same as the worldwide figure. As for franchises, which make up about 80% of worldwide stores and add well over a million employees to the global total, their sales totals are "not recorded as revenues by the Company," although franchise fees are included. 

At fast food establishments like McDonald's, not only are workers poorly paid, they also have little hope for advancement. According to the National Employment Law Project, managerial, professional and technical occupations make up 31.1 percent of jobs throughout the U.S. economy, but only 2.2 percent of jobs in the fast food industry. 
In summary, for the U.S. and around the world, McDonald's makes over $18,000 in pre-tax profits per employee (after paying them), almost 100% of the earnings of a full-time food service worker. The company's own employee budget recommends a second job to make ends meet. 

Apple: Making a Half-Million per Employee 

Now for Apple. Like Walmart and McDonald's, the company pays extraordinarily low wages to its store workers, an average of about $12 per hour, or $24,000 per year for a full-time employee. In-store salespeople make up about half of the total workforce. 

With 80,000 worldwide employees (50,000 in the U.S.) and a 2012 profit of $55 billion ($19 billion declared in the U.S.), Apple made an astonishing $697,000 per employee in 2012 (almost $400,000 in the U.S.). 

Apple, more than the other two companies discussed here, has numerous high-paying positions in engineering, design, programming, marketing, etc. Reports by two independent salary trackers indicate that the overall average salary at Apple is about $50,000. Even with this much higher figure, Apple pays its U.S. employees only $1 for every $8 in profits. 

So who's the biggest wage stiffer? Apple is by far the worst in rewarding profitability. But Walmart underpays the most people, and McDonald's pays the lowest wages. For those of us who subsidize these companies with tax dollars for their employees' food stamps and Medicaid, it doesn't matter who's worse. We're all getting stiffed. 

Apple, Walmart, McDonald's: Who's The Biggest Wage Stiffer?