Slashdot Mirror


Creative Capitalism Gets Microsoft $528M Tax Break

NewsCloud writes "Microsoft makes products in Washington but records software sales to PC makers and high-volume customers through an operation in Nevada, where there is no corporate tax. So Washington has missed out on more than half a billion in taxes; revenue it could use for badly needed infrastructure needs — such as the needed replacement of the 520 bridge which connects Seattle ... to Microsoft. Reported by Slashdot in 2004, the numbers have increased with the company's growth to approx. $76M in savings last year alone. The author questions the legality of the practice given Microsoft's 35,500+ employees and 11.2 million square feet of real estate in Washington state."

31 of 545 comments (clear)

  1. "small government" by Anonymous Coward · · Score: 4, Insightful

    Do I hear someone call for "Small government" ? This is what happens when the sheeple are being led by corporate hacks calling for small government: no checks on the corporations, while people are starving on the streets.

    1. Re:"small government" by Anonymous Coward · · Score: 3, Insightful

      Ok, so where are the employees educated before they get into MS service? I hate people claiming that the profits corporations make are entirely made on efforts of the corporation.

  2. So... by EastCoastSurfer · · Score: 4, Insightful

    Would Washington rather MS move their operations to Nevada and lose the tax base of all the employees? This situation is actually a good argument for getting rid of corporate taxes. Corps wouldn't just sit on the money they saved. They would invest it by hiring more people and spending more money where they are actually based.

    1. Re:So... by shma · · Score: 3, Insightful

      Corps wouldn't just sit on the money they saved. They would invest it by hiring more people and spending more money where they are actually based.

      Or they would move the money offshore. Or they would move to give their top executives raises and stock options. Or they would throw it on the big pile of money they're offering to buy Yahoo. Or they would pass that money on to shareholders at the end of the quarter. Or any one of a hundred other things they could do which takes the money out of the state.

      All moves which deprive the residents of Washington money they need for social services. Do you think that Microsoft is required to spend money in their home state? That they will do it out of the goodness of their hearts? Their job is to make money for the shareholders, and unless you specifically tax them, then there is no guarantee that any money Washington gives them will be reinvested back in the state.

      --
      I came here for a good argument
    2. Re:So... by downix · · Score: 5, Insightful

      Paper tiger arguement.

      They are in Redmond because it has the infastructure to support them. The telecommunications, roadways and educational system to supply those tens of thousands of employees. Nevada, by contrast, cannot supply these (sorry nevada, you're a great state, but your infastructure is horrid). For microsoft to do such a move would be to cut off its nose to spite its face.

      There is a reason why the top performing companies are found in areas with the highest tax brackets. Those territories, which tax for the needed infastructure, are the ones which can support businesses of Microsofts size.

      --
      Karma Whoring for Fun and Profit.
  3. Rock and a hard place by huckamania · · Score: 4, Insightful

    The 35k plus employees pay taxes in state and Washington State is certainly aware of that fact. If they make too much of a grumble about the corporate loop hole, they could lose the much larger 35k plus employee tax base. Those 35k are probably just the people who work for M$. There are probably lots and lots of other Washington residents whose primary income derives from Redmund.

    1. Re:Rock and a hard place by necro81 · · Score: 3, Insightful

      Microsoft isn't going to leave Redmond - just accept it. Consider what it would take to relocate to someplace else: you'd have to build an entirely new campus for 35k+ employees, then you'd have to convince them all to come with you sight unseen, then you'd have to hire thousands of new employees to replace the ones who didn't come with you.

      If taxation and cost of doing business were the deciding factor of where a company locates, Silicon Valley would not exist, and the World Trade Center would be in rural Idaho.

    2. Re:Rock and a hard place by LynnwoodRooster · · Score: 3, Insightful
      I'd argue that businesses locate in low-tax areas, and as those areas attract and grow new businesses, they increase the taxation, assuming that if they keep the rate of increase low enough, the business will simply suck it up and pay the higher rate than pick up and move.

      Check out Idaho - businesses are relocating there like mad. Likewise Nevada and Wyoming. High tax areas like California, Massachuessets, and Michigan are leaking businesses because the taxation has gotten too high.

      Washington is unfortunately following the CA/MS/MI model, not the ID/NV/WY model. It's already caused Boeing to relocate their headquarters (taking with it a substantial chunk of change)...

      Looking at the Microsoft employment opportunities/open recs, there's no question in my mind why growth out-of-Redmond is much greater than in-Redmond. Cost of doing business - hire your employees in other areas where it's more affordable and let the local employment stagnate or fade away. That's how you move a massive high-tech information company.

      Boeing is in a tougher place - they have physical plants and tools that are expensive to relocate. But Microsoft? Give it 10 years and you'll find the majority of Microsoft employees will be OUT of the State of Washington. Bet on it.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  4. Re:So what? by ceoyoyo · · Score: 5, Insightful

    I guess Microsoft should maintain their own bridge then.

    Nevada may have lesser public services than Washington, or higher non-corporate taxes. Either way, Microsoft and it's employees are enjoying privileges in Washington that they've skipped out of paying for, placing more burden on Washington's other residents.

    If Nevada is such a great, efficient state then I see no reason why Microsoft shouldn't move their actual operation there, instead of just maintaining a front for tax evasion purposes.

  5. So? by roggg · · Score: 5, Insightful

    I hate Microsoft as much as the next guy (okay, maybe not around here, but I really really hate them!), but why shouldn't they structure their corporation to reduce the tax burden? Just be glad it's Nevada and not Belize.

  6. Stop the Presses! by jandrese · · Score: 4, Insightful

    Large corporations exploit tax loopholes? Who would have thought?

    --

    I read the internet for the articles.
  7. No taxes! by Tony · · Score: 4, Insightful

    Let's do away with taxes. And, we can do away with all the things taxes pay for: the education system that trains Microsoft's employees, the roads that allow the employees to get to work, the police that help protect Microsoft from the roving bands of rabid cats, the standing militia that protects Washington from invasion by Canada. (Those bastards covet Washington, and are just *waiting* to invade.)

    Corporations benefit from -- nay, depend on! -- public infrastructure. Public infrastructure costs money. It's been proven time and again that private interests cannot provide neutral, equitable infrastructure at a reasonable price. Taxes are necessary.

    Now, taxing both corporations and individuals seems a bit of double-dipping, I agree. Tax the corporations, and let the individuals keep their wages. Politicians would end up with a lot more votes that way (though a lot less money through corporate sponsorship and whatnot).

    --
    Microsoft is to software what Budweiser is to beer.
    1. Re:No taxes! by erlenic · · Score: 4, Insightful

      Corporations never pay taxes. Their customers do, and they don't even realize it. That's why I believe we need to eliminate ALL corporate taxes at all levels. Each individual person should be able to calculate to the penny how much they pay the government. How much of the cost of your last Windows license went to Uncle Sam? Don't know, do you?

    2. Re:No taxes! by CodeBuster · · Score: 4, Insightful

      Tax the corporations, and let the individuals keep their wages. Politicians would end up with a lot more votes that way (though a lot less money through corporate sponsorship and whatnot). Unfortunately, it is very difficult in practice to "target" a tax to hit a particular demographic group. This is the same reason why it makes no sense for the Social Security Administration to talk about the "employee's share" and the "employers share". Both shares are paid by the employees (i.e. their wages are lower than they otherwise would be if the employer wasn't paying "their share"). It is a frequent mistake here on Slashdot to ignore what economists call the incidence of a tax. In fact, it is often the very people whom the tax advocates propose to help who are ultimately hurt the most by new taxes.
  8. Capitalism by Arthur+B. · · Score: 3, Insightful

    is generally defined as the use of private mean of production on a free market. Regardless of one's opinion on the news, the title of the news is inaccurate, and let's say it stupid.

    I for one cheer for anyone protecting money from the prying hands of the State.

    --
    \u262D = \u5350
  9. Re:So what? by Actually,+I+do+RTFA · · Score: 3, Insightful

    God forbid that profits might for once be kept by the people who created it, rather than leeched off by various governments in order to waste on all sorts of irrelevent crap.

    Even the Lauffer Curve, beloved of Reagan, says that taxes lead to more productivity. While 100% is bad, 0% is also bad. The right number is in-between.

    --
    Your ad here. Ask me how!
  10. Re:So what? by tjstork · · Score: 3, Insightful

    Even the Lauffer Curve, beloved of Reagan, says that taxes lead to more productivity. While 100% is bad, 0% is also bad. The right number is in-between

    The problem is that a lot of leading political figures on the left believe that 50% is the right mark, and we Reaganites believe that's a bit too high!

    0% being useful assumes investment in useful things like roads and bridges that actually improve the business climate. If it doesn't improve business, which does actually include quality of life and nationalistic branding stuff, then, it shouldn't be there. That would automatically chop a lot out of the budget, for sure.

    Question I have is, why do rates need to go up at all? Population is increasing, GDP is increasing.. shouldn't government spending increases be constrained, at least, to GDP? Unfortunately Bush has been absolutely terrible on this one, but no President will do actually the right thing here either. I mean, why should Medicare ever go up more than GDP?

    --
    This is my sig.
  11. There are other taxes to pay to WA state by cenonce · · Score: 3, Insightful

    It is not like Washington isn't getting a cut out of MS. With 11.2 Million square feet or real estate, think of the property taxes? With 35,000+ employees, think of the payroll taxes?

    Seriously, please don't tell me everybody on Slashdot is naive enough to think that companies like Red Hat, SUSE and Ubuntu aren't working the tax system either! Companies from a one man show to an MNC use this system to pay the least amount of tax they can. Nevada and Delaware have long maintained favorable tax treatment of corporations exactly for this purpose. If Washington wants in on this action, they can offer the same incentives to encourage MS to claim those profit in WA.

  12. You eat the food, you pay the bill by spun · · Score: 4, Insightful

    There is no valid contract for you to pay for your food when you go into a restaurant, yet few people dine and dash. No one would assume the restaurant is just giving you the food for free. What there is is an implied contract. You eat the food, you pay the bill. With government services, there is the same implied contract. If you don't want to pay the bill, don't make use of the services. If you don't agree to pay taxes, go live somewhere else, you have no right to live here.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    1. Re:You eat the food, you pay the bill by mgblst · · Score: 3, Insightful

      YOu make a good point, but consider this: would washington be better of without Microsoft rather than with? I guarantee you not. There would be a lot less people earning high wages, and they all pay taxes. Washington does pretty well out of Microsoft as it is.

      There has always been an argument against corporations paying taxes.

    2. Re:You eat the food, you pay the bill by B'Trey · · Score: 3, Insightful

      There is no valid contract for you to pay for your food when you go into a restaurant, yet few people dine and dash. No one would assume the restaurant is just giving you the food for free. What there is is an implied contract. You eat the food, you pay the bill. With government services, there is the same implied contract. If you don't want to pay the bill, don't make use of the services. If you don't agree to pay taxes, go live somewhere else, you have no right to live here.

      Cute. Are you just trolling, do you really believe this drivel, or are you just hoping no one will call you on it?

      There certainly is a valid contract when you eat into a restaurant. I can only assume that you meant there is no written contract. The fact that it's implied makes it no less valid.

      When I walk into a restaurant, I do indeed agree to an implied contract that I will pay for whatever it is that I order. This is a contract between equals. I'm free to engage or not engage in the transaction. So is the restaurant.(1) If I don't like the prices on the menu, I can decide not to eat there. The situation is far different with government services.

      I'm not free to refuse to engage in the transaction. Ask the many people who have either been fined or incarcerated for failure to pay the proper taxes or fees. I can't simply say "I don't want what it is you're selling, so I won't use it and therefore don't have to pay for it." I'd be more than happy to give up all rights to many government services, and to pay only my fair share of those services I actually use - such as public road construction and maintenance. That option doesn't exist for me, and it doesn't exist for Microsoft.

      You state that I "... have no right to live here..." If that argument is valid, then I have no rights at all. Freedom of speech? Of Religion? Of anything else? "We don't like that kind of talk around here. If you want to talk like that, go live somewhere else. You have no right to live here." "We don't worship like that around here. If you don't want to worship our God the way we do it, go live some where else. You have no right to live here." Any right whatsoever can be trumped with "Do it the way we tell you to do it or go live elsewhere."

      (1) For the peed ants, there actually is legislation which interferes with the right of the restaurant owner to practices his freedom of association. Refuse service to the wrong person and you may actually be facing a law suit. Such violations of freedom of association, while technically making the restaurant not entirely free to refuse to engage in the implied contract, doesn't really affect this situation.

      --

      "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

    3. Re:You eat the food, you pay the bill by Herby+Sagues · · Score: 3, Insightful

      Competition. That's the key. But between states. When a business decides to raise prices unjustifiably, what do you do? You go and buy from someone else. When a state decides to charge taxes that are above what's reasonable, what do you do? You normally have only one recourse: move your operations to some other state. If the states complain that companies can move around their operations, it's because it is the loophole in their abusive scheme. It is the only safvety valve in the system and they would like to see it closed. But as it is it is a valid option. Microsoft is doing what anyone would do when charged too much for something. Don't "buy" there, buy somewhere else. And before you complain that Microsoft isn't "moving" because it is leaving their employees in WA, those are the employees that develop the products, not the ones that make the deals. Nothing prevents them from splitting both parts of the business. And demanding that they move all their employees in order to find greener pastures is exactly the sort of loophole seal the states would want.

    4. Re:You eat the food, you pay the bill by inKubus · · Score: 3, Insightful

      Yeah, so what. Why is every big bank in the U.S. run out of South Dakota and Delaware? Because those states have lax banking laws. Why are movies made in California? Low tax on entertainment. Duh.

      If Washington State decided to levy M$FT they would be driving out one of the largest employers, and those employees DO pay income tax. Not to mention sales tax on everything they buy. Lots of companies are in Nevada to not pay tax. Guess what, there wouldn't be SHIT in Nevada if they had the tax! So, states do things that help them out, and companies do also. This is a NON STORY.

      --
      Cool! Amazing Toys.
  13. Consider for a Moment by asphaltjesus · · Score: 4, Insightful

    That Microsoft's behavior isn't unique in any way, shape or form. That what microsoft does is standard operating procedure for all mega-corporations.

    Paying taxes in the state with the lowest corporate tax rate and forming corporations in Delaware is done for the same reason. It's the best deal.

    If this is outrageous to the submitter, then I hope he never discovers how most electronics firms with an office in the U.S. work.

    As an FYI, they are set up as subsidiaries that "buy" their product from the most attractive exporting/manufacturing office from some other part of the world of the same corporation. The U.S. office then operates at a perpetual loss (paying less tax) by hiding the income generated as the cost paid to "buy" the goods from some other part of the world.

    Minimize tax, maximize profit!

    --
    Got Trader Joe's? friendwich.com RSS feeds work now!
  14. Re:So what? by nick_davison · · Score: 5, Insightful

    If Nevada is such a great, efficient state then I see no reason why Microsoft shouldn't move their actual operation there, instead of just maintaining a front for tax evasion purposes.

    And, as you file your own tax returns this year, I'll bet you carefully record each internet transaction from out of state, ensuring that you pay full taxes even though it would have been easy to avoid it? Of course, your charitable deductions will be paid at the lower rate you really know your junk was worth rather than the higher "standard rate" you know you can get away with? Similarly, when you realize your itemized receipts don't add up to as much as the standard deduction, you'll still take the lower amount you know you really deserve? You'll also stop using lower rate credit cards issued out of Delaware in favor of higher rate ones from your own state?

    Sure, you could be saving money on your own taxes. But won't anybody think of the children in your own state who are in cramped classes because there aren't enough tax dollars. Thank God for people like you who make a point of paying every dollar they can, rather than looking for the best possible savings.

    When an individual figures out ways to avoid paying taxes - or paying as little as possible - it's considered frugal. When a corporation does it, it's evil?

  15. Textbook Tax Case by sarlos · · Score: 4, Insightful

    This is a textbook case of high taxation modifying the behavior of the taxed. If Washington's tax rates weren't punitive for these sales, there wouldn't be any incentive for the company to be incorporated in Nevada. This is a common corporate practice, and demonstrates the necessity of small laboratories of democracy, aka, states. Washington is seeing how Nevada's tax code is modifying the behavior of Microsoft, and Washington has the choice to modify their tax code or continue pursuing their own version of it. It's not Microsoft's fault for playing by the rules to maximize profit.

    --
    Government's view of the economy: If it moves, tax it. If it keeps moving,regulate it. If it stops moving, subsidize it.
  16. Re:So what? by Dachannien · · Score: 3, Insightful

    That's not what the Laffer Curve says. It says that tax revenues are optimized at a certain point. Taxes always* have a negative effect on productivity, and that has to be considered against the potential increase in tax revenue that an increase in the tax rate would otherwise bring.

    * Specific uses for tax dollars can increase productivity, but that increase is usually not as much as the productivity that a firm could gain by just spending the money itself.

  17. "prying hands of the state" by EmbeddedJanitor · · Score: 4, Insightful

    Remember that statement next time you drive along a road. Where TF did that road come from?

    --
    Engineering is the art of compromise.
    1. Re:"prying hands of the state" by homer_s · · Score: 3, Insightful

      Where TF did that road come from?

      Certainly not from a private company which would have built much better roads for a lot less *and* for which I wouldn't have to pay if I don't use it.

  18. personal vs. corporate tax share by SuperBanana · · Score: 4, Insightful

    The fact is that it's a myth that corporations are pulling one over on the government

    They're not pulling one over on the government- they're pulling one over on us.

    In the 1950's, the corporate share of taxes was about 50%. Citizens paid half, corporations paid half.

    Now? it is about 2%. And why is that?

    Corporate lobbying. Corporate lobbying pays for all the toys and the re-election campaigns.

  19. Re:from whom does the benefit come? by SETIGuy · · Score: 4, Insightful

    Corporate taxation is merely a form of double taxation, which is counter-productive to the state anyway. You've been taken in by right wing propaganda. Republicans trot out the "double taxation" argument any time they see a tax that might make rich people slightly less rich. They do it for the estate tax and corporate income tax. There is no dividing line where flow of income starts and ends. All income taxes, capital gains taxes, sales taxes, gift taxes, and estate taxes are taxes on transfers of wealth.

    I earn a salary and pay income taxes. I then use my income to buy a toaster and pay sales taxes. Double taxation! Then the store pays taxes on its income. Triple taxation! Then the store employees pay income taxes. Quadruple taxation! And then the store employees pay sales taxes on their purchases. Quintuple taxation! And so on. It's a totally meaningless argument.