NY Times Apple Tax Article Flawed
bonch writes "Forbes contributer Tim Worstall points out that the NY Times article claiming Apple pays less than 10 percent of its profit in taxes was based on a flawed assumption of the corporate tax system. The 9.8% figure came from Greenlining Institute, who compared Apple's 2011 profits to taxes calculated according to 2010 profits. In the corporate tax system, estimated quarterly tax payments are made based on the previous year's profits until actual profits are calculated at the end of the trading year, when the balance is then paid to the IRS."
Saying NYT made an incorrect calculation and explaining why is fine. But what was Apple's tax rate, then?
If you can't answer that, then you can't say the figure itself is incorrect, only the means used to arrive at it.
There's no -1 for "I don't get it."
Lately, I've seen lots of tabloid-esque headlines at Forbes supposedly drumming up controversy. I read the article and realize I was trolled. I think that magazine is not going to be around much longer.
Whoops. Well, I'm sure Slashdot's comments to the previous article were totally reasonable.
"Sufferin' succotash."
OK, so if you follow a link in TFA and manage not to balk at an even more inflammatory headline, you get to Mr. Worstall's claim that http://www.forbes.com/sites/timworstall/2012/04/18/apples-9-8-tax-rate-entirely-mind-gargling-nonsense/">Apple paid approximately 24.2%, 24.4% and 31.8% for 2011, 2010 and 2009, respectively -- which doesn't really answer the question of what they paid in 2012 but does explain why a figure of 9.8% sounds unreasonable.
[Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
When I first read the headline I thought the "Apple tax" was that of common parlance, e.g. the overpriced hardware, the $99 iOS developer fee, etc. I had to reread it once I started to read the summary.
Occasionally living proof of the Ballmer peak.
Yes, they do this. So what?
"Sufferin' succotash."
Why can't I pay off expenses before taxes are levied? I want to pay my rent, student loans, food, electricity, etc with pre-tax money. Regardless of what Apple pays, it still feels unfair (even if there are good reasons for it being the way it is, it FEELS unfair).
-SaNo
Cause you're stupid and don't know how to shelter money (and refuse to learn). Apple - not so much!!!
When I say Apple, I mean ANY corporation and when I say you, I mean ANY of the unwashed masses that just wanna drink beer, eat cheetos, watch porn and then wonder why their wang is orange.
Yeah, the person named Apple has billions in cash, teams of accountants and lawyers. Other "people", not so much. And btw, I can tell from your post that you're part of the "unwashed masses". Self hate much?
Why? That just encourages them to move more and more of their operations overseas because they can't stay competitive if the US charges them 28% but their competitors pay a fraction of that elsewhere.
Furthermore, corporations just have to raise prices, so in the end consumers pay for it. And they pay for it in a regressive way.
And assuming you work for a corporation, those 28% that "you" paid was actually paid by your employer, because that's where all your money comes from.
Corporations should pay taxes proportional to the costs they impose on the community. Most of those are imposed through labor, and that's covered by the income tax. If they impose additional costs, they should pay for it. But just trying to milk them because you can makes no sense and only hurts people.
Yes, they do this. So what?
I don't care where their offices are. Every company does this. Just look at the DC area. Drive around the Maryland side and it's mostly trees, some buildings but not too many. Drive around the Virginia side and there's corporate headquarters after corporate headquarters. The difference? Taxes on personal income, businesses, and property is lower in Virginia.
I was only pointing out that if Forbes was hoping to make some sort of solid argument, they failed miserably by addressing half of the issue and ignoring the other half.
sudo make me a sandwich
What the hell? If the means used to arrive at a figure is wrong, then the figure is wrong. What kind of ass-backwards logic is this, where the figure can still be right even if the means used to calculate the figure is wrong...? Seriously, that's one of the weirdest, dumbest things I've ever seen.
Apple already reports its tax rates in its shareholder filings. Their 2011 tax rate was 24.2%.
Why make them pay taxes at all? Oh and we might as well repeal all worker safety and environmental laws so that the corporations aren't inconvenienced. Don't forget to' shutdown the SEC as well because having to try to accurately report information to investors is a terrible burden.
That a successful company is viewed by many as a cash cow for government indicates a diseased thought process that assumes primacy of government over freedom and the economic might that derives from freedom.
In short, it's putting the cart before the horse. An overloaded cart with fused axels and square wheels.
(-1: Post disagrees with my already-settled worldview) is not a valid mod option.
According to Wikipedia NY Times is a reputible source and thus is "the truth". Sorry Apple, no original research here.
You realize you went down this slippery straw slope all by your lonesome, right?
Tax Accountant Here - Whoever wrote the Forbes article is patently wrong. Large corporations like Apple cannot base all of their current year's estimated tax payments on their prior-year's tax liability (See Section 6655(d)(2) of the Internal Revenue Code), only their first quarter's estimated payment. Apple's 2011 Form 10-K shows that their current tax expense (the amount of cash taxes paid or payable on 2011 profits) was $5,415,000,000. They also have a deferred tax expense (taxes that have economically accrued on 2011 earnings but that aren't due until certain events occur in the future) of $2,868,000,000. Their total tax expense for 2011 was $8,283,000,000 on pre-tax profits of $34,205,000,000, an effective tax rate of 24.2%. They were able to "save" about $3.9 billion in taxes by keeping profits generated in foreign countries parked outside of the USA. Other tax savings came from utilization of the Research & Development tax credit ($167 Million) and the Domestic Production Activities Deduction ($168 Million).
Cause you're stupid and don't know how to shelter money (and refuse to learn). Apple - not so much!!!
When I say Apple, I mean ANY corporation and when I say you, I mean ANY of the unwashed masses that just wanna drink beer, eat cheetos, watch porn and then wonder why their wang is orange.
Yeah, the person named Apple has billions in cash, teams of accountants and lawyers. Other "people", not so much. And btw, I can tell from your post that you're part of the "unwashed masses". Self hate much?
I am not part of the "unwashed masses" however, if the supreme court wants to rule that corporations are people and have the same rights, then why not tax them like people? People can deduct interest paid on their primary residence from taxes. Why not only allow corporations to deduct interest on their primary headquarters? People are limited on most deductions to a percentage of AGI. Why not the same thing for corporations?
If I am a small business, employing 150 people, why should I pay more in income tax as a sole proprietor or a partnership, where business income flows through and is taxed as personal income, than if I run the same business but structure it as a corporation? (I know all the reasons to form a corporation, so please don't respond in that way).
Corporations in America get far more state and federal "welfare" than people get. We just don't call it that. Maybe it's about time they pay their fare share, too.
those are effective taxes, not the total percent they paid based on their profits. Do you understand what an "effective" tax rate is? An effective tax rate of 24% is not 24% of their total profit.
Do you? No, you don't.
Ceci n'est pas un sig.
Cause you're stupid and don't know how to shelter money (and refuse to learn). Apple - not so much!!!
When I say Apple, I mean ANY corporation and when I say you, I mean ANY of the unwashed masses that just wanna drink beer, eat cheetos, watch porn and then wonder why their wang is orange.
Yeah, the person named Apple has billions in cash, teams of accountants and lawyers. Other "people", not so much. And btw, I can tell from your post that you're part of the "unwashed masses". Self hate much?
I am not part of the "unwashed masses" however, if the supreme court wants to rule that corporations are people and have the same rights, then why not tax them like people? People can deduct interest paid on their primary residence from taxes. Why not only allow corporations to deduct interest on their primary headquarters? People are limited on most deductions to a percentage of AGI. Why not the same thing for corporations?
If I am a small business, employing 150 people, why should I pay more in income tax as a sole proprietor or a partnership, where business income flows through and is taxed as personal income, than if I run the same business but structure it as a corporation? (I know all the reasons to form a corporation, so please don't respond in that way).
Corporations in America get far more state and federal "welfare" than people get. We just don't call it that. Maybe it's about time they pay their fare share, too.
The whole discussion's stupid for me, because I don't agree with the supreme court ruling on corporations being people, so why should i bother getting into a serious discussion on how they should be allowed further advantage? My original post was not a serious invitation to discuss how best to work within the confines of an incalculably stupid decision by the right wing supreme court.
So if the 28% he paid was actually paid by his employer and the employer (a corporation) raises prices to pay for it so that the consumers ultimately pay for it with the money they get from their employers who raise prices to pay for it and so on... I have no point, just a circle I found.
Very useful if you are trying to tell a story. NYT so I have no doubt this was deliberate propaganda.
John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
Furthermore, corporations just have to raise prices, so in the end consumers pay for it. And they pay for it in a regressive way.
That's not true. There's no economic law or theory that says a corporation MUST make a certain amount of profit. Taxes are on profits, not on revenue, so the taxes reduce the amount of profit a company makes, but they don't make it any more expensive to produce and sell a product. Saying that companies "have to raise prices" is ridiculous. Companies set prices according to what the market will bear (notwithstanding monopolies and such), and profits follow based on how efficient the company is at producing and distributing its products.
And you need to stop and use your brain for a moment. How much in taxes do you think an employer pays on the salary for an employee? If your answer is anything other than zero, think some more. That salary is an expense to the employer (along with benefits, etc) and so is not part of the operating profit. As such, no taxes were collected on that money.
Perhaps you should pick up a copy of "Economics for Dummies".
Wow, you must suck at doing your taxes. If you're paying the full rate you should invest in something called "TurboTax." It's a software program that helps you file and do your taxes. It also suggests tax deductions you might want to take, etc.
What you're doing is saying "I'm dumb and other people aren't - those other people should be penalized." That's patently unfair. Why should other people get penalized for your stupidity?
That's actually the definition of effective tax rate. total taxes paid / total profit. It exists specifically to clarify the actual rate of tax paid after factoring in profit shifting, exemptions, progressive rates, etc.
"Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
Wow, you must suck at doing your taxes. If you're paying the full rate you should invest in something called "TurboTax." It's a software program that helps you file and do your taxes. It also suggests tax deductions you might want to take, etc.
What you're doing is saying "I'm dumb and other people aren't - those other people should be penalized." That's patently unfair. Why should other people get penalized for your stupidity?
I shouldn't have mentioned my tax rate. The point was, your insults aside, corporations should pay as much as people, since they are people, asshole. ;)
Furthermore, corporations just have to raise prices, so in the end consumers pay for it. And they pay for it in a regressive way.
And assuming you work for a corporation, those 28% that "you" paid was actually paid by your employer, because that's where all your money comes from.
Your claims reflect a very common misconception. Basic supply/demand analysis shows how it actually works. The relevant slides are on pages 2-3 of the handout. The question of who bears the brunt of taxes depends on the relative elasticities of supply and demand.
I have serious doubts about whether any TEA party members have a HS diploma. Your claim to the contrary is unproven to the best of my knowledge.
"Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
Why? That just encourages them to move more and more of their operations overseas because they can't stay competitive if the US charges them 28% but their competitors pay a fraction of that elsewhere.
We should pass a law that says that a corporation based in the US keeping more than N% of profits overseas is "not a US corporation" and thus ineligible for copyright or patent enforcement claims within the U.S., ineligible for H-1b or other guest worker visas, and the Departments of State and Defense will not protect or advocate on their behalf with foreign governments.
Don't want to pay the fucking freight for the benefits of being based in America? Fuck right off then, perhaps you can rely on the diplomatic, military or civil court services of the Bahamas, the Cayman Islands or wherever you're hiding your money. They'll surely enforce your patent claims, lean on the Chinese when they steal your designs or make sure your product doesn't get hijacked in international waters.
If you like the Wal-Mart economy approach...a shattered peasant class with little money buying cheap crap, then you're on the right track. What you prefer depends on who you are. Rich and corporations and those stupid enough to be indoctrinated by corporations (Teabaggers, Ron Paul, etc) want lower taxes on the rich and corporations or the same as everyone else pays. The rest (people who aren't living off of capital gains, educated people who aren't subject to corporate propaganda) would prefer a more progressive tax system. If people had more money...like say things were manufactured in the US again, they wouldn't mind paying $65 more for an iPhone. And since 28% is capital gains, that means you don't know if I'm getting my money from my employer and paying in that bracket or capital gains. The fact that you assume to know where my income comes from, shows that you're not a real disciplined thinker, but more the Teabagger type who makes emo assumptions based on limited information. You know, like how teabaggers seem to think they know how the global political and economic system work even though they barely got a HS diploma?
Leaving aside all the immature rhetoric and petty name calling, your comment doesn't even make sense. The current system is obviously flawed, but you don't add to your credibility by rudely portraying an ill-thought out populist idealism.
In theory everything the OP said is 100% right on the money, in practice there are too many loopholes for it to function the way it should, but don't confuse the system's current disfunction with the capitalist system that has brought more wealth and more prosperity to an enormous amount of people than any other system in human history.
Corporate taxes are in theory meant to encourage reinvestment in a company, making it cheaper to reinvest than pay yourself. The problem is that it's possible (and totally legal) to do a huge number of things which effectively allow you to "pay" yourself at the corporate rate, like loaning yourself money from the corporation or buying yourself property and then leasing it to the corporation, etc. etc. etc. The solution is to ensure that if actual people take money from a corporation (they make a financial gain), that this money is taxed at a fair rate and then be done with it. People don't have problems with companies reinvesting in themselves (it's the reason I support low corporate tax rates in theory)... people have a problem with some rich jackass rigging the system to pay way less than his fair share of taxes. Tax code reform is the key, anyone going on about tax rates for the super rich clearly doesn't understand how the system works, they don't really care if you raise their taxes as they'll find a way around them anyway.
I have serious doubts about whether any TEA party members have a HS diploma. Your claim to the contrary is unproven to the best of my knowledge.
Was going to say 8th grade education, but isn't dropping out before 18 illegal or something?
Well there's a significant criminal element involved there, of course.
"Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
Hmm, he put effective in quotes. Must mean something important. Let's see, what does effective mean - "actual; not merely potential or theoretical". So, in other words, an "effective" tax rate of 24% is ACTUALLY 24% of their profit.
Is 24% close enough? http://apple.slashdot.org/comments.pl?sid=2842145&cid=39958777
Is 24% close enough? http://apple.slashdot.org/comments.pl?sid=2842145&cid=39958777
Truthfully, I was expecting it to be about half that.
I bet you didn't. I bet your marginal tax rate was 28%, and I bet you paid an effective tax rate of 18-19%, which is about what you'd expect for a software engineer making about 110k per year.
Unless you actually made the ~$422,000 (single) or 575-600k (married/joint) required for you to have actually paid 28% *effective* tax rate.
What's that, you say? Effective income taxes are far lower than top marginal rate?! NO WAY!
At least you "bet" and don't claim to know. Kudos for that.
7.2%, which is the employer share of your SS/Medicare taxes, last I looked.
And yes, I know that that 7.2% is really a hidden tax on the employee's income...
"I do not agree with what you say, but I will defend to the death your right to say it"
I'm sticking to pears.
Have gnu, will travel.
I also think that all corproations should be worker controlled,
s/corproations/coprorations/g
There, FTFY
Grow up
Okay, you're obviously angry and it wasn't my intention to further your rage. (by OP I meant khipu, I apologize for my egregious error...)
I've got to say that after reading this latest rant I realized I'm not dealing with a rational adult capable of critical thinking. Typical Marxist garbage, why has it NEVER worked? Why did all the "worker's paradises" turn into hellholes of human misery? Your belief in an ideal world ignores reality and ignores human nature, that's why it has NEVER worked. Why is it that every single system who's main premise is to build an idealistic organic national community results in massive human misery?
Go read a history book you little shit, start with:
- Equality of Means Vs. Equality of Opportunity
- State control of the economy Vs. private control of the economy
- East Germany before and after capitalism
- Capitalist Countries (North America, Western Europe, Australia/NZ, and some Asian countries) vs. The Soviet Union, Mao-ist China, North Korea, Saudi Arabia, Yemen, etc.
Your ignorance of history and human nature is disgusting. People like power, it is innate. It is also why leaders "for the people" eventually ALL becoming autocratic thugs that live luxurious lives while their people suffer. There is an obvious problem with the current state of affairs and I can agree that reforms are needed, but what you suggest is pure ignorance.
If the world could be the ideal paradise that you wish it was, it would be, but it's not... To think that someone as ignorant and hate-filled as you claims to be a member of this new "ideal society" for "community good" kind of proves my point... and not to invoke Godwin's law and destroy my whole rant, but the Brownshirt's, Italian Fascisti, and Soviet Partisans thought they were noble young geniuses fighting for an ideal society. (I imagine your ideal society would eventually turn out like theirs did, history would agree with me)
Really?? I seriously doubt someone is going to blow a mod point on this comment, within mere minutes of you posting it.
You can't let your actual message speak for itself so you have to artificially inflate your score with duplicate accounts... well pathetic is as pathetic does and you just proved it!
That's a good question, and one you should ponder for a while. Hint: the corporate tax rate should be non-zero, but it also shouldn't be picked based on the kind of naive political views you seem to have.
Those are stupid ideas. But then it's pretty obvious that you are a fan of stupid ideas.
The profit a corporation makes is compensation for the financial and personal investments of its owners and shareholders. If these people get less profit, they'll invest their time and money elsewhere, often in countries with lower corporate tax rates.
Don't be so daft. Obviously, a company doesn't pay the employee's income tax directly to the IRS, but it pays the money that the employee uses to pay the income tax, and that money goes to the US government. In the end, the US government receives tax revenues commensurate with the number and salary of employees of that corporation.
You two went downhill together quickly. BTW, I support doston's position. Cheers.
Forward to pages 4 and 5: "The burden of a tax is independent of who physically pays the tax.", "Both employer and employee contribute the same percentage of before-tax wages to the Social Security fund.", and finally "On average, labor supply tends to be less elastic than labor demand, so the Social Security tax burden is primarily on employees."
In different words, the very slides you point to support my point: even though you make the employer pay more taxes, in the end most of the tax burden ends up with the employee anyway, because, as the slides observe, labor supply is less elastic than labor demand.
(I don't think elasticity of labor supply/demand is the best way of analyzing this, but since you point to this kind of analysis and it supports my point, so be it.)
Brilliant idea! Next thing, Europe and Asia are going to stop enforcing US copyrights and patents in retaliation. Then you will doubtlessly want to put import duties on any product created by people willing to work for less than you do, and in retaliation, they will do the same. We had that kind of system for a long time, run by morons with ideas like yours, and it was a f*cking disaster.
Maybe it's about time they pay their fare share, too.
Yeah, Apple! Next time we take a cab together you better chip in!
Sapere aude!
At first I assume this was about people having to pay for OSX when they buy a powerbook that they are just going to run Win7 on.
It's not nearly enough. These people (er i mean corporations) should be paying taxes just like other people. Last year I paid 28%. Sound good, Apple?
And GE paid ZERO taxes.
Please educate me, then. If it costs me the sum total of $10 to put a widget in your hands and you pay me $15 for said widget, how is it that it becomes more expensive to make that widget if the government takes $1.50 of the $5 profit I made?
I'm not arguing that taxes don't have implications, just that there is not necessarily a direct connection between the tax rate and the price of goods sold. It would be like arguing that I should take a lesser salary in order to pay less in taxes. There may well be an artificial connection, but that's a different argument.
is still Enron Accounting, even when the cool kids do it.
The profit a corporation makes is compensation for the financial and personal investments of its owners and shareholders. If these people get less profit, they'll invest their time and money elsewhere, often in countries with lower corporate tax rates.
That wasn't my point at all. Tax rates are obviously going to affect decision making and maybe determine how much or how quickly a business grows, but I still fail to see any direct connection (in a general sense, anyway) where tax rates can cause the cost of production to go up. You might argue that lower taxes would allow for more investment in equipment that could lower production costs, but then that investment tends not to be taxed, rendering that line of argument mostly moot.
Don't be so daft. Obviously, a company doesn't pay the employee's income tax directly to the IRS, but it pays the money that the employee uses to pay the income tax, and that money goes to the US government. In the end, the US government receives tax revenues commensurate with the number and salary of employees of that corporation.
That seems like an endlessly circular argument. By extension, just about any money I spend, money I earned and paid taxes on, is subsequently paid taxes on by those that receive it. If I spend $100 at the grocery store, the store pays income taxes on the portion that becomes their profit, the employees pay taxes on the portion that becomes their salary, the suppliers pay taxes on the portion that goes to them, etc. If I work for one of those suppliers, am I effectively taxing myself every time I purchase one of their products?
What would that $500 iPad have cost the consumer if not for 24% of company profits going to various governments?
Don't forget, that's profits down the supply chain too. Foxconn gave a chunk of its profits to the government, so did every component supplier. This also doesn't include dozens of other taxes that are paid before a customer can walk out of the store with an iPad.
I wasn't talking about "cost of production", I was talking about who ultimately bears the burden. Investors are not going to bear the burden of additional taxes on corporate profits because it just takes them the push of a button to transfer their capital to some place where the taxes are lower.
It's "circular" in the same sense that accounting for the current in an electrical circuit is "circular": there is current going into and coming out of each node, but in the end the power driving everything originates in batteries somewhere. Taxes are like withdrawing some of that current to run the government, but no matter where you withdraw it, it ultimately still drains the batteries. And corporations are like electrical circuits without power: they just redistribute the current, often in very clever and useful ways, but they don't generate power themselves. The "batteries" of the economy are labor, raw materials, and innovators.
So, the question is what corporate taxes actually give you that income and sales taxes don't already give you. Right now, when a company employs a thousand people, the state receives income tax for a thousand people and sales tax for whatever the company sells. When you impose an additional tax on corporate profits, theoretically, it might come out of the pockets of investors who get a lower return (it also reduces the ability of the company to grow and create new jobs). But those people can move their investments at the push of a button when they aren't satisfied with their returns. So, that means that the company has no choice but to take that money either from salaries or by increasing sales prices, just as if you had increased income taxes or sales taxes.
Of course, overall, it's quite a bit more complicated than that. And I'm not opposed to corporate taxes in principle. But the idea that corporations should automatically be taxed like people is ludicrous. Furthermore, corporate taxation has a big potential impact on corporate growth and international competitiveness, so it is important to tread carefully.
So, the question is what corporate taxes actually give you that income and sales taxes don't already give you.
Ignoring the argument of how much government should or should not be providing, there is a certain cost associated with a government for which revenue must be raised. The comment above seems to suggest that revenue should come solely from individual taxpayers. If that were to be the case, then workers would demand far more in wages in order to maintain the current standard of living. I can't imagine that's what you are really suggesting.
Of course, overall, it's quite a bit more complicated than that. And I'm not opposed to corporate taxes in principle. But the idea that corporations should automatically be taxed like people is ludicrous. Furthermore, corporate taxation has a big potential impact on corporate growth and international competitiveness, so it is important to tread carefully.
I agree with the last sentence. However, I would like to point out that corporations benefit from government services (roads, police, fire stations, etc.) just like individuals, so I think there is a valid argument that they should be subject to income taxes just like the rest of us. Note that corporations don't typically pay sales tax. They do pay property tax, which pays to educate the workers they will need, so that's fair as well.
There's certainly room for middle ground here. I'm not in favor of shifting the majority of the tax burden to corporations, but I don't think they should be exempted, either.
What I'm suggesting is that it really doesn't matter that much: the distribution of tax burden between workers, prices, and shareholders is determined by markets; there is no other place the money can come from. You increase corporate income tax, and they'll have to either decrease wages or increase prices.
Those are all local services, and are usually paid for through property taxes and user fees. How does that justify federal and state corporate taxes?
That's a pretty depressing view of humanity: minions educated to corporate specs. I view education as something I benefit from, both directly (increase my market value and hence my wealth) and indirectly (increase the competitiveness and reason of my fellow citizens).
Maybe your perspective would change if you thought of corporations not as these gigantic amorphous and anonymous entities, but something you might found yourself. Think about how this might work. You get together with a bunch of friends, borrow some money from family to buy equipment, and start a web consulting business. You pay property tax for your office (directly or as part of rent), plenty of licensing and other fees, sales tax when you shop and eat during work days, and income tax on the salaries you pay yourself. Now you make some profit, and pay corporate income tax on it. With the rest, you pay dividends to your investors (which are also taxed as income), and you want to replace some failing equipment (that you may end up paying sales tax on). What exactly did the corporate tax on your profits achieve? You can invest less, and your investors end up getting effectively taxed at a much higher rate than regular income.