Tax Dodge City

Big Tech gets very creative with accounting ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌
July 10, 2022 Read in Browser

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Summer in America is in full swing, with every weekend a haven for traditions like grilled meat, cold beer, and baseball games. Today, we're not looking at any of that. We are zooming in on another national pastime: taxes. Specifically, the strategies companies use to avoid them and what the world is trying to do about it.

 

Last year, the US joined dozens of other countries in a historic agreement to impose a universal floor on corporate tax rates. Corporate finance departments, for decades, have performed Cirque du Soleil-worthy gymnastic feats of accounting to shift profits to jurisdictions with the lowest tax rates, costing public coffers billions in the process. Finally, a new system may hold them in check. Or not.

 

That's today's topic: the world's endeavor to put the kibosh on the tax strategies of years past  — and whether or not the ambitious initiative is already poised to fail.

 

What Happened Again?
Last October, a group of 136 countries agreed to a global tax treaty that would 1) set a minimum global tax rate of 15% for large multinational companies and 2) require them to pay taxes in the countries where they actually do business. The deal was meted out through the Organisation for Economic Co-operation and Development (OECD) with the support of major economies like the United States and the United Kingdom.

 

US President Joe Biden hailed the landmark agreement as one that could end what critics call a forty-year "race to the bottom" among countries competing for investment and jobs.

 

With corporate tax rates around 12.5%, countries like Ireland and Cyprus have effectively instituted lower brackets with the explicit purpose of attracting companies to domicile there. (The US corporate tax rate, by comparison, is 21% and the UK's is 19%, though that's scheduled to rise to 25% next year).

 

According to the IMF, tax havens collectively cost governments $500 billion to $600 billion a year in tax receipts. Disproportionately impacted are low-income economies, which account for $200 billion of that, a much larger percentage of their GDP than advanced economies. (A study by the UK-based Tax Justice Network using OECD data pegs annual governments losses in potential tax revenue much lower, at $312 billion).

Tax Disruptors: Silicon Valley tech giants, in particular, have taken advantage of creative tax strategies. With online services sold or used by customers and companies around the world, tech firms' businesses are difficult to pin down to a single tax jurisdiction — giving their accountants and transfer pricing consultants plenty of leeway to recognize profits in low-tax foreign subsidiaries.

 

According to a study published last year by researchers at the Fair Tax Foundation, the biggest names in tech — such as Microsoft, Amazon, Meta, Alphabet, Netflix, and Apple — have grown quite efficient at finding the laxest tax laws:

  • Fair Tax found that Amazon, for example, has made $1.6 trillion in revenue and reported profits of $60.5 billion this decade. Based on international tax rates, the researchers said Amazon would be expected to pay about $10.7 billion in taxes on those profits, but instead paid just $5.9 billion or 9.8% of profits. (Amazon told The Guardian the calculations were "extremely misleading.")
  • The researchers also found that Microsoft, Amazon, Meta, Alphabet, Netflix, and Apple paid $96 billion less in taxes than their annual financial reports suggest — and said they did this by knowingly shifting their income to low-tax jurisdictions.

A United States Senate report in 2012 accused Microsoft of "establishing a complex web of interrelated foreign entities to facilitate international sales and reduce U.S. and foreign tax," and made similar allegations against Hewlett-Packard.

 

What are Some of the Best Known Tax Havens?
There are fifteen jurisdictions with no corporate tax: Anguilla, the Bahamas, Bahrain, Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Isle of Man, Jersey, Saint Barthelemy, Turks and Caicos, the United Arab Emirates, Vanuatu, and Wallis and Futuna Islands.

 

A host of other places, including Ireland, Cyprus, and Qatar, are among those with the lowest corporate tax rates above zero.

The average corporate tax rate, in case you're wondering, was 23.6% in 2021, according to KPMG.

 

How Would the Global Tax Plan Work?
The global tax plan that countries agreed to would play out in two phases.

 

The first phase would involve reallocating roughly $125 billion in corporate profits from ~100 of the biggest and most profitable multinational corporations in the world to the jurisdictions where their customers are located. This means no stuffing revenues on a small island of 50k citizens — a preferred tactic among technology companies whose product, oftentimes used by hundreds of millions of people in America or Europe, can be licensed from anywhere in the world. But what shape this phase of reallocation ultimately takes, and how effectively it will keep profits where they're earned, will depend on further negotiations.

 

The second phase, which the OECD says will allow world governments to collect $150 billion in new annual tax revenues, will require countries to enact a minimum 15% tax rate on big companies with a turnover above 750 million euros.

 

So far, at least 141 countries and jurisdictions representing about 90% of the global economy have joined, including initial holdouts Ireland, Hungary, Cyprus, Kenya, Nigeria, Pakistan, and Sri Lanka. But it will be up to every single one of them to legislate or mandate the 15% tax floor on home soil… which brings us to that gigantic hurdle.

 

Will This Really Ever Happen?
Ratifying a massive international tax proposal that could reshape the global economy isn't exactly a walk in the park. To no surprise, there are already continent-sized hurdles to getting the deal done.

 

In a May speech to the Brussels Economic Forum, US Treasury Secretary Janet Yellen said her country and the European Union "must show leadership by expeditiously implementing the global minimum tax in our domestic laws."

 

The original agreement dictated that countries should aim to have their end of the bargain enshrined by 2023, although a controversial 10-year grace period for implementation was slapped on to satisfy objections (global charity Oxfam called it a "mockery of fairness").

 

So far, the US and EU haven't exactly been leaders on that front:

  • In the EU, Poland has blocked a law to enshrine the agreement, demanding that there be a separately negotiated global levy on the 100 biggest companies in the world in addition to the 15% tax rate.
  • In the US, meanwhile, Senate Democrats have failed to agree on spending proposals for energy, drug prices, and other policies that are meant to be part of a bill to accompany the tax changes. That's before even factoring in likely steadfast Republican opposition.

There are, however, some shocking supporters.

 

"We are pleased to see an emerging international consensus," Nick Clegg, Meta's vice president of global affairs, told Reuters. "Facebook has long called for reform of the global tax rules, and we recognize this could mean paying more tax, and in different places."

 

"Amazon supports the OECD Inclusive Framework's progress towards a consensus-based solution for international tax harmonization, and we look forward to their continued technical work," said the tech giant, in a public statement.

 

Now to find out if Congress is more stubborn than Mark Zuckerberg.

 

 

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Written by Sean Craig.

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*Returns as of 6.21.

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