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Australian Govt Pledges Action On Google Tax Evasion

daria42 writes "Looks like Google's habit of funneling billions of dollars in revenue through its Irish and Bermuda subsidiaries continues to attract unfavorable government attention globally. France has already announced plans to take on the search giant's tax evasion habits, and the Australian Government, to which Google paid just $74,000 in tax last year despite having Australian revenues close to $1 billion, has now confirmed plans to do the same."

331 comments

  1. Avoidance vs Evasion by HungryHobo · · Score: 4, Insightful

    have they actually been charged with tax evasion?

    TFA doesn't mention evasion(not paying the tax you owe and illegal) and it's very different to avoidance which is just using legal means to pay as little tax as you legally can.

    1. Re:Avoidance vs Evasion by Bearhouse · · Score: 1

      Good point. I'm sure that Google has enough money to ensure that its lawyers will have structured things legally, in which case it's avoidance. Governments, however, and especially the French one, are very good at leaning on people when they think they can screw some cash out of them.

    2. Re:Avoidance vs Evasion by crafty.munchkin · · Score: 1

      No they haven't been charged with tax evasion. However, as the Australian Taxation Office has seen claims of AU$1b in payments including GST to Google through the quarterly business activity statements that every registered business has to make, there is a very large discrepancy in how much Google are paying taxwise and how much they are earning in Australia. Whilst legally they are financially providing the services from Ireland at the moment and physically providing them in Australia, these measures are being taken to ensure that in future they pay far more in Australian taxes on income earned in Australia, instead of siphoning all this money out of the country.

      --
      ... wait, what?
    3. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 1

      Not having read the article, I will still comment...

      Where are their employees located? The business may be spread out over the world, but let's say 10% of their employees are in country X, then they should really pay some sort of 10% of taxable income to country X. Ethically speaking, of course.

    4. Re:Avoidance vs Evasion by clickclickdrone · · Score: 1

      There's been a lot on this in the UK news. Yes, they are avoiding rather than evading but to take Starbucks as an example, in the UK, when asked by the government, stated that they paid GBP8.6m in total UK tax over 13 years during which it recorded sales of GBP3.1bn. At the same time, they told investors the UK had been a successful venture for them. Ermm...

      Google's filings show it had GBP2.5bn of UK sales last year, but despite having a group-wide profit margin of 33%, its main UK unit had a tax charge of GBP3.4m in 2011.
      br> Yes there are tax loopholes BUT this sort of behaviour is immoral.

      --
      I want a list of atrocities done in your name - Recoil
    5. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 0

      First, do no evil....

    6. Re:Avoidance vs Evasion by ccguy · · Score: 4, Interesting

      No they haven't been charged with tax evasion. However, as the Australian Taxation Office has seen claims of AU$1b in payments including GST to Google through the quarterly business activity statements that every registered business has to make, there is a very large discrepancy in how much Google are paying taxwise and how much they are earning in Australia.

      Well, the thing is - you can easily put your earnings in any country you want. For example, here's what Apple does for Spain: Apple Ireland sells (all) devices to Apple Spain (however its legal form is) pretty much at the same price the devices are sold to consumers. Therefore Apple Spain makes no profit - in fact it can easily be at a loss they since have to pay to employees, leases and so on. All the profit is legally produced in Ireland where the taxes are a lot lower.
      Problem here is that the European Union doesn't really want to fix it. If they wanted to, the problem would be solved rather quickly.
      Ireland (and a few others) are just parasite states - their tax system is based on 'let's have foreign companies here by lowering their taxes a lot' even if they just means they're fucking the European partners which whom they share a market and a lot of other things. The day there's an unified tax law over Europe these problems will cease to exist.

    7. Re:Avoidance vs Evasion by crafty.munchkin · · Score: 1

      Just because they can do that, doesn't make it right, especially when the services are provided in Australia (such as advertising on Google's sites, delivered via Google's equipment in Australia, as one example of many), and it's only the billing which is handled in Ireland, which it most definitely is in the case with Google. I'm not a mathematical genius, but the standard company tax rate in Australia is 30% - and when the ATO can see $1 billion of declared payments (including GST) to Google, and then a total payment of tax of less than 0.0007 of that income earned in Australia, they are right to ask questions. Google's laywers and accountants are taking the piss out of the ATO by avoiding to this extent.

      --
      ... wait, what?
    8. Re:Avoidance vs Evasion by Joce640k · · Score: 1

      The day there's an unified tax law over Europe some non-European company will step up to replace Ireland.

      --
      No sig today...
    9. Re:Avoidance vs Evasion by HungryHobo · · Score: 1, Interesting

      sure. it's as immoral as when you avoid tax yourself.

      If you put money into a government saving scheme to encourage saving where the government doesn't charge tax on the interest then you're avoiding tax.

      if you're a sole trader and you buy things for the company(expense) when taxes are high rather than leaving it as profit and taking that money out to spend on shoes then you're avoiding tax.

      most of the "loopholes" are intentional. they're there to encourage people to put money into things the government wants them to put money into like forrestry or low income housing.

      sometimes the government screws up and gives people too good a deal. that's not the fault of the people being given a good deal.

    10. Re:Avoidance vs Evasion by HungryHobo · · Score: 1

      then they need to rewrite their tax law to prevent such things.

      that doesn't mean that what's happening now is actually illegal.

    11. Re:Avoidance vs Evasion by ccguy · · Score: 1

      Just because they can do that, doesn't make it right, .

      It it isn't right it should be made illegal, period. Don't blame companies for trying to minimize their taxes, we all do that using whatever legal means (deductions, etc) are made available to us.
      Plus of course a US company probably doesn't care much about the effects of paying less taxes in Australia. Hell, all these IT companies are based on a state with brownouts due to financial stress :-)

    12. Re:Avoidance vs Evasion by Kergan · · Score: 2

      The day there's an unified tax law over Europe some non-European company will step up to replace Ireland.

      Unlikely. They could tax capital before it enters or leaves the EU. They cannot do so between EU countries.

    13. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 0

      They have employees in Australia... I'm curious if the $700,000 odd figure represents their payroll tax or something else. If that isn't even enough to pay their payroll tax then they're seriously doing dodgy shit.

    14. Re:Avoidance vs Evasion by ccguy · · Score: 4, Insightful

      The day there's an unified tax law over Europe some non-European company will step up to replace Ireland.

      That's fine. But there will be import taxes and duties, same as with anything that comes from say, China.

      The problem here is that Ireland is distorting tax income in other European Union countries and these countries can't do anything about it.

      Say you pay now a 30% income tax. I -legally- offer you to pay just 10% over here (but you still live wherever you are, and use the infrastructures and services over there). Do you take the offer or not? If you do, then you pay 1/3 of the taxes you should pay, you still get all the benefits (at someone else's expense), and I get 1/3 of your taxes for nothing.

      That's what Ireland is doing.

    15. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 1

      It it isn't right it should be made illegal, period. Don't blame companies for trying to minimize their taxes

      You'd better fucking believe I'm going to blame the people abusing the system.

      Of course, I'm also going to blame the laws, but I'm so tired of people acting as if the people directly abusing the system can't be blamed.

    16. Re:Avoidance vs Evasion by Intrepid+imaginaut · · Score: 1

      Ireland is still recovering to mid nineteenth century population levels courtesy of one of its "European partners". Its a country that needs every advantage it can get, and as a result of its policies around 20-25% of the workforce gains employment through foreign direct investment or its subsidiary industries. Maybe Spain with its massive unemployment should start looking at its own house before criticising others?

    17. Re:Avoidance vs Evasion by crafty.munchkin · · Score: 1

      ... which is exactly the point of TFA! ;)

      --
      ... wait, what?
    18. Re:Avoidance vs Evasion by HungryHobo · · Score: 1

      no, TFA seemed focused on trying to demonise the company in question.

      the problem isn't that companies take the best deal they can get. the problem is that they get offered deals which are too good by governments.

    19. Re:Avoidance vs Evasion by ccguy · · Score: 2

      Maybe Spain with its massive unemployment should start looking at its own house before criticising others?

      No, why? Ireland is a partner of Spain, and their tax policy is extremely hurtful to all (and all other European taxes). And not only it's hurtful, it's plain stupid because it's not even Irish companies that are saving money - it's mostly American.

      And of course those companies are setting there just offices, that they take elsewhere as soon as it's convenient. It's not the kind of investment you want to bet on, knowing that once they're there they won't leave.

      As for the massive unemployment over here, I fail to see the relevance on this discussion. Does our unemployment hurt Ireland or someone else in Europe? Doesn't seem that way, considering that our brightest people are going to Germany, France...

      But since you mention it: If our European partners are annoyed about our unemployment, debt, or whatever they should just tell our gov. "Go fuck yourself and don't ask for help until there's no a single corrupt politician in office". Really, that's what would help. Not giving a lot of money to our banks who will in turn use it to pay their debts to German banks.

    20. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 1

      then they need to rewrite their tax law to prevent such things.

      that doesn't mean that what's happening now is actually illegal.

      Harmonization of tax legislation and rates has been suggested in the EU but it brings it's own problems. For one thing there are countries that earn a lot of money by acting as parasitic low tax gateways into the EU (Ireland, Luxembourg, and increasingly the UK). Secondly having a common tax rate can really suck for a member country (especially the smaller ones) if it is in recession and needs to lower taxes to attract investment but the big three Germany/France/Britain keep the rate too high

    21. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 0

      "Payroll tax" (payg witholding, hecs, medicare, super) is paid on behalf of the employee, not by the employer. It is not included in this figure.

    22. Re:Avoidance vs Evasion by Captain+Hook · · Score: 1

      If you put money into a government saving scheme to encourage saving where the government doesn't charge tax on the interest then you're avoiding tax.

      Thats true, but ISAs and Pensions tax relief is a benefit to the government/country

      The whole point of tax relief on ISA and Pensions is to encourage long term savings by individuals in the expectation of reducing the likely hood of needing government support in the medium to long term.The ISA's and Pensions are specifically enabled by law makers as they see a benefit to the country.

      In theory, taxing profit, rather than turn over is meant to be a benefit as well, it allows a company time to build a business by minimizing costs while they aren't profitable, thus providing jobs to the economy. This is paid for by a larger tax percentage on profitable companies and a larger percentage tax on VAT and individual incomes. The trouble is large multinationals have found a way to never paid tax because they have found away to make it look like they never make a profit in any given tax regime. As Multinations starts taking an ever increasing percentage of the money changing hands within a country, the effects of the tax avoidance they can undertake becomes every greater forcing ever greater tax rates on everyone else, it's unsustainable.

      This behaviour of tax avoidance by counting cost to companies outside the country but within the same group of companies is within the letter of the law but certainly not within the spirit of the law, as this issue started gaining in public exposure and everyone started looking for tax avoidance, the scale of tax avoidance has shocked everyone... including governments, even the tory gits in power in the UK at the moment.

      --
      These comments are my personal opinions and do not necessarily reflect the opinions of the other voices in my head.
    23. Re:Avoidance vs Evasion by Intrepid+imaginaut · · Score: 1

      No, why? Ireland is a partner of Spain, and their tax policy is extremely hurtful to all (and all other European taxes). And not only it's hurtful, it's plain stupid because it's not even Irish companies that are saving money - it's mostly American.

      Did you miss the part where FDI creates large amounts of skilled employment in Ireland? All of those workers pay taxes too.

      And of course those companies are setting there just offices, that they take elsewhere as soon as it's convenient. It's not the kind of investment you want to bet on, knowing that once they're there they won't leave.

      http://www.williamfry.ie/Libraries/test/Maintaining-the-_12_5-Corporation-Tax-Rate-on-Irish-Trading-Profits.sflb.ashx
      "Since 1 January 2003, corporate income has been characterised into two distinct streams: trading or active
      income which is taxed at the 12.5% corporation tax rate and non-trading or passive income which is taxed
      at the 25% corporation tax rate. Since that date, the distinction between a company’s activities (i.e. whether
      the activities constitute trading activities or whether they constitute passive activities) is an important one,
      as the Irish Revenue Commissioners (“Revenue”) are cognisant of and will prevent low substance
      businesses (otherwise known as “brass plate operations”) availing of the lower rate."

      Once again did you miss the part where FDI creates large amounts of skilled employment in Ireland?

      As for the massive unemployment over here, I fail to see the relevance on this discussion. Does our unemployment hurt Ireland or someone else in Europe? Doesn't seem that way, considering that our brightest people are going to Germany, France...

      Oh yeah, its not like Spain's poor economic performance threatens the very existence of the Eurozone or anything. http://www.bbc.co.uk/news/world-europe-19797656

      But since you mention it: If our European partners are annoyed about our unemployment, debt, or whatever they should just tell our gov. "Go fuck yourself and don't ask for help until there's no a single corrupt politician in office". Really, that's what would help. Not giving a lot of money to our banks who will in turn use it to pay their debts to German banks.

      Oh hey I agree. Fuck the banks first last and forever. But don't hold up Ireland as some sort of villain - the country is doing what it must to compete, with very few assets, and is doing it successfully. The Dutch, French, UK and other countries have tax havens of their own, probably Spain too.

    24. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 1

      Are you being wilfully ignorant here or just incredibly naive? The money is being moved around internationally in shell games of high complexity. Starbucks don't avoid taxes by opening savings accounts or funding low-income housing. They avoid taxes by funnelling the money completely outside of the country in question. If you think hiring expensive accountants to save huge amounts of tax by exploiting loopholes in international tax law is just as moral as having a 401k, you're a fucking idiot.

    25. Re:Avoidance vs Evasion by HungryHobo · · Score: 1

      And many of the "loopholes" are there for the same reason.
      they're there to encourage some behaviour the government wants to encourage.

      you can bet it didn't really shock them one bit and they knew damn well it was going on.

      there are countries where their tax authorities don't make it so easy.

      ever notice how it's only googles income outside the US which is funneled through ireland? that's because the IRS don't piss around nearly as much as they UK government when it comes to multinationals.

    26. Re:Avoidance vs Evasion by Captain+Hook · · Score: 1

      Of course, I'm also going to blame the laws, but I'm so tired of people acting as if the people directly abusing the system can't be blamed.

      There is a lot of hypocrisy around this sort of issue.

      If companies use the law to minimise taxes paid, stretching the definitions to limit and going way beyond the spirit of the law then it's the lawmakers at fault.

      If a benefit claimant uses the law to increase the benefits he recieves, , claiming for everything possible but never making a false statement, it's the claimants fault.

      --
      These comments are my personal opinions and do not necessarily reflect the opinions of the other voices in my head.
    27. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 0

      That's why the current post-Subprimes crisis isn't limited to Greece or even the €. It's the existence of the UE itself which is at stake. And if European banks go out of business, the shockwave won't stop at the European borders...

      Fiscal havens like the City of London or Luxembourg will obviously do nothing about the tax evasion and the corporate tax breaks which mostly explain why governments have had to go deeper and deeper into debt since the 70's due to lack of resources.

    28. Re:Avoidance vs Evasion by ccguy · · Score: 1

      Did you miss the part where FDI creates large amounts of skilled employment in Ireland? All of those workers pay taxes too.

      So? We're discussing corporate taxes here. Of course workers pay taxes. They would pay them anywhere in the Union.

      Oh yeah, its not like Spain's poor economic performance threatens the very existence of the Eurozone or anything.

      Well, you need to see why our debt could affect other countries. All this crap began with banks lending money to people who wouldn't pay them. But these (Spanish) banks took the money from other banks (mostly German it seems) which would now have a serious problem if we didn't pay.

      Our (very corrupt) gov. wants to take European money (the famous bail out) to give it to the banks so they don't default. So they're converting private debt into public debt, rather than tell banks to fuck themselves since they accepted a risk when loaning money. But no, rather than take the hit instantly they prefer to keep the ball rolling and making the problem a lot worse by taking more and more money.

      Oh hey I agree. Fuck the banks first last and forever. But don't hold up Ireland as some sort of villain - the country is doing what it must to compete, with very few assets, and is doing it successfully.

      How is Ireland successful?

      The Dutch, French, UK and other countries have tax havens of their own, probably Spain too.

      We don't that I know of. But if we did, I'd be saying the exact same thing. I have nothing against the Irish themselves, just against their tax policies and the fact that we don't have any way to counteract them.

    29. Re:Avoidance vs Evasion by daem0n1x · · Score: 2

      Paying taxes is "getting cash screwed out of you"? How can you administer a country with no revenues? Using unicorn farts?

    30. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 0

      look up transactions at arms length and transfer pricing.
      Then there is the sheer difficulty of proving what happens in a 'string' of transactions all in foreign countries.
      The ultimate question is why are you running a business if you are not making a profit? Careful what you say here, because if you are not at arms length...
      For Americans, it is sadder. The concept of 'cutting taxes' , would be better directed to collecting that phantom money.

    31. Re:Avoidance vs Evasion by Stuarticus · · Score: 1

      Because, as would be obvious if you weren't insane, this would start a race to the bottom with corporation tax until both companies were being systematically fucked by giant corporations.

      --
      If you think someone isn't free to have a different definition of "freedom" you may be a tyrant.
    32. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 0

      The problem is that some countries are just fucked unless they can attract foreign investment. Take Ireland: SeÃn Lemass took over a country that de Valera had been content to see remain remain a nation of god cowered spud farmers. Encouraging foreign companies to come invest lifted Ireland out of this malaise. The low tax rates have helped greatly with this.

      Whether this is sustainable in the long term I don't know. Ireland remains a net benefiter of EU funding, which must irk some countries who see Ireland as playing a role in allowing multinationals to funnel money out of their own economies. The trick is to make Ireland a place where tax considerations are a minor thing. The country already has a very highly skilled workforce, and high productivity (higher than most EU states). Hopefully Ireland can be weaned off its low tax approach (without it becoming an economic backwater of Europe), because it's fucked if other nations clamp down on its current arrangements. Ireland as a market is too small to be attractive to tax avoiders if the benefits of low taxes wouldn't apply to income funnelled in from overseas.

    33. Re:Avoidance vs Evasion by dbIII · · Score: 1

      Don't blame companies for trying to minimize their taxes

      Why not? They are using some local resources funded by others that do pay their taxes, and they are using those taxpayer provided resources as an aid to making money. It is precisely the same situation as the rich guy that never puts much in the church plate even after he's had his wedding in the church.
      For example, the cost of employing people in Australia is relatively cheap because most health care comes out of general taxation instead of having to be paid for by an employer. That's why Hollywood love making stuff in Australia where they can employ people for a lot less than in California. Don't blame unions. We have them too. A stowaway from Australia founded the US Teamsters after all.

    34. Re:Avoidance vs Evasion by ryzvonusef · · Score: 2

      According to UK tax law, there is tax evasion(outright breaking the law), tax avoidance(using legal loopholes) and tax reduction(using approved tax reduction schemes). Only Tax reduction is allowed.

      So even if Tax evasion is *technically* legal, HMRC (UK version of IRS) can and *will* nab you for contorting in thirty zillion angles just to avoid getting taxed.

      --
      I am an ACCA student. Got a query on Accountancy/Finance? Maybe I can help!
    35. Re:Avoidance vs Evasion by Stuarticus · · Score: 1

      Actually it's several million times more immoral than I could ever hope to be in my entire lifetime.

      --
      If you think someone isn't free to have a different definition of "freedom" you may be a tyrant.
    36. Re:Avoidance vs Evasion by aaaaaaargh! · · Score: 2

      So what? In any case tax avoidance is extremely anti-social. I will never understand why people/companies think it's okay to not contribute to a society from which the hugely benefit.

      The company benefits from roads, public infrastructure, the power grid, education of workers, social securities, environmental policies, police, fireworkers, the health system, democratic laws, public places and gardens, museums and many other cultural institutions, etc., etc., and they don't want to pay back? If they like them so much, why doesn't Google put all of their servers on the Bermudas?

    37. Re:Avoidance vs Evasion by Intrepid+imaginaut · · Score: 1

      So? We're discussing corporate taxes here.

      Hey you were the one claiming it was a stupid policy. All those Irish people with jobs would disagree with you.

      Well, you need to see why our debt could affect other countries. All this crap began with banks lending money to people who wouldn't pay them. But these (Spanish) banks took the money from other banks (mostly German it seems) which would now have a serious problem if we didn't pay.

      Our (very corrupt) gov. wants to take European money (the famous bail out) to give it to the banks so they don't default. So they're converting private debt into public debt, rather than tell banks to fuck themselves since they accepted a risk when loaning money. But no, rather than take the hit instantly they prefer to keep the ball rolling and making the problem a lot worse by taking more and more money.

      Gosh, sounds exactly like what happened in Ireland. The main difference is the Spanish 'bailout' would probably bankrupt the EU.

      How is Ireland successful?

      In attracting FDI, are we having the same conversation here. Take the time to read and understand what's being said before tackling your keyboard.

      We don't that I know of. But if we did, I'd be saying the exact same thing. I have nothing against the Irish themselves, just against their tax policies and the fact that we don't have any way to counteract them.

      By "counteracting them" you'd be doing quite a lot of damage to the Irish economy. So much for parternship eh? Good thing the Irish were clever enough to make it very difficult to "counteract" their policies. Never mind that the tax losses are more or less a rounding error in an economy as large as Spain's.

    38. Re:Avoidance vs Evasion by SilenceBE · · Score: 1

      Ireland is still recovering to mid nineteenth century population levels courtesy of one of its "European partners".

      I don't know why you put those European partners between quotes as they are good enough to pay billions to bail out ireland...

      That is what bothers me as a European , Ireland undermines a lot of countries by setting up a tax haven which is very damaging for our economies. Seeing that they needed to be bailed out , it is afe to say that even the irish people have a lot of benefits of the situation.

    39. Re:Avoidance vs Evasion by Savage-Rabbit · · Score: 1

      Of course, I'm also going to blame the laws, but I'm so tired of people acting as if the people directly abusing the system can't be blamed.

      There is a lot of hypocrisy around this sort of issue.

      If companies use the law to minimise taxes paid, stretching the definitions to limit and going way beyond the spirit of the law then it's the lawmakers at fault.

      If a benefit claimant uses the law to increase the benefits he recieves, , claiming for everything possible but never making a false statement, it's the claimants fault.

      Google is not the only company to do this. The bozos that caused the mortgage crash also did this and still do. It is also a fact that while they can afford to pay an army of tax code weasels to 'minimize their taxes', John Q Public and a whole lot of smaller businesses can't afford to do that. The net result is that when bunch of commercial entities (in this case banks) that do billions of dollars worth of business but contribute 0.01% of that back to society in taxes (assuming their weasels are about as good as Google's), wreck the economy it is John Q Public and those small businesses that ends up paying the bill. I'll give you that Google is not likely to cause a mortgage crash but they can damn well contribute more that %0.0074 of their Biliion dollar profits back into the common coffers of the nation they made those profits from. The answer to your question is: No there is nothing illegal in what Gogole is doing, however there is also such a thing as legal but immoral call it hypocrisy if you want (and yes I know that corporations have no morality but I still fail to see why they should not be roasted on a spit at every possible opportunity for not paying taxes and along with the politicians responsible for the loopholes they use).

      --
      Only to idiots, are orders laws.
      -- Henning von Tresckow
    40. Re:Avoidance vs Evasion by Intrepid+imaginaut · · Score: 1

      What does Spain looking at its own house have anything to do with Irish corporate tax rates? Even if Spain matched them they wouldn't get anywhere near a proportionate level of inward investment, because that much FDI simply doesn't exist for the European market.

    41. Re:Avoidance vs Evasion by Captain+Hook · · Score: 1

      I agree, the loopholes are all there for a valid reason, it's the way they are being used by the companies that goes beyond the spirit of the law that I think had changed without being widely noticed until people found one tax avoider, looked at how it was being done, then noticed a few more companies doing the same thing.

      The scale of the avoidance has taken government by surprise. Thats not to say that there aren't individuals in government who have a good idea of tax avoidance of individual companies but very few people in government would be in the position to see the big picture and how wide spread (in terms of number of companies, what industries are involved etc) that has surprised them.

      Taking another example from the UK, Anglia Water is the Water and Sewage supplier for East of England, it used to be a public organisation but was privatized by Maggie in 80s/90s. Even as a private company it has no competition because the water boards were allowed to keep their monopolies in the their own area unlike the Gas and Electricity boards. It's based in East Anglia, all it's pipes and reserviors and pumps are in East Anglia and all it's customers by definition are in East Anglia. Guess how much they paid in Corporation Tax last year due to payments they had to make to companies in the Caymans?

      If you didn't look into it, you would just assume a company like that would be paying the taxes you would have expected and until now the Government has had no reason to look too closely, it's own tax collectors were reporting that that companies were compliant with the law (which as has been said before, they all are) or was prosecuting those which were.

      The problem is there is a disconnect between the people making the laws and the people enforcing them.

      --
      These comments are my personal opinions and do not necessarily reflect the opinions of the other voices in my head.
    42. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 0

      Medical expenses come out of the medicare levy, a percentage of gross income. They are paid by the employee.

    43. Re:Avoidance vs Evasion by Intrepid+imaginaut · · Score: 1

      Perhaps you should educate yourself a little first then. This "bailout" was a loan with a higher interest rate than neccessary, not a gift, these "partners" are doing quite well out of their largesse, although thanks for equating a loan to human lives.

      Secondly the government that decided to make private debts public was subsequently buried in the general election, indicating what the Irish people thought of putting them in a position where a bailout was needed. Just in case that wasn't clear, these were private bank debts which temporarily sank the economy. As for "very damaging to our economies", come off it. How much do you think really goes through Ireland? Hint: its not a lot compared to the overall tax revenues of most European countries.

    44. Re:Avoidance vs Evasion by drinkypoo · · Score: 1

      And many of the "loopholes" are there for the same reason.
      they're there to encourage some behaviour the government wants to encourage.

      They're there to legitimize some behavior the corporations who wrote the legislation want to profit from, that is all. The corporations write the laws. In the US they ham-hand them to the politicians for rubberstamping. In other countries there may be more finesse.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    45. Re:Avoidance vs Evasion by Attila+Dimedici · · Score: 1

      Then your problem is with the members of parliament who wrote the tax laws that allow Google to do this, not with Google for taking advantage of those laws.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    46. Re:Avoidance vs Evasion by ccguy · · Score: 1

      In attracting FDI, are we having the same conversation here. Take the time to read and understand what's being said before tackling your keyboard.

      In general - if you want to have any serious conversation, try not being disrespectful to the person you are conversating with. Just a matter of politeness. Thanks.

    47. Re:Avoidance vs Evasion by Intrepid+imaginaut · · Score: 1

      Likewise, making the effort to understand what someone is saying is conducive to good communication.

    48. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 0

      "Taking the best deal you can get" without respect to things like ethics and morality etc. is fairly close to the definition of "evil". So I don't think your term "demonise" is appropriate.

    49. Re:Avoidance vs Evasion by TapeCutter · · Score: 1

      Yes, it's a balance of many things not just tax dollars. However something is way out of balance when it's "profitable" to ship empty cardboard boxes from the US to China for recycling. I don't have an answer, every "cure" I can see to this problem (tariffs, transaction taxes, etc) is in some ways worse than the disease.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    50. Re:Avoidance vs Evasion by rwise2112 · · Score: 1

      It's still smart for Ireland. They get 10% as opposed to nothing. I don't think they intend to deprive other countries of their taxes, they are just hoping that more companies will set up there. It's the tax loopholes of the other contries that allows them to transfer funds out, thus reducing the taxes owed. Really it's these loopholes that should be closed, which is entirely from the laws of other contries, not Ireland's.

      --

      "For every expert, there is an equal and opposite expert"
    51. Re:Avoidance vs Evasion by thrillseeker · · Score: 1

      Maybe you should reduce your awesome administration to the minimum _necessary_.

    52. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 0

      Perhaps you should educate yourself a little first then. This "bailout" was a loan with a higher interest rate than neccessary, not a gift, these "partners" are doing quite well out of their largesse, although thanks for equating a loan to human lives.

      If the interest rate was genuinely higher than necessary, the Irish government would have said "no thanks" and borrowed the money from commercial sources. The fact is that the Irish government had no ability to borrow from the private sector - at any rate - at the time, and so the bail-out was subsidised. Of course the loan would have represented a larger gift had it been a 0% loan, and a larger gift still if it had been a straight grant, but that doesn't mean that the loan as made wasn't a subsidy.

    53. Re:Avoidance vs Evasion by Greyfox · · Score: 1

      The day there's an unified tax law over Europe these problems will cease to exist.

      Yeah, that's been working great for the USA.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    54. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 0

      According to UK tax law, there is tax evasion(outright breaking the law), tax avoidance(using legal loopholes) and tax reduction(using approved tax reduction schemes). Only Tax reduction is allowed.

      So even if Tax evasion is *technically* legal, HMRC (UK version of IRS) can and *will* nab you for contorting in thirty zillion angles just to avoid getting taxed.

      Not true. A tax scheme is either legal or it is not. Tax evasion is never legal - at all - by definition. There is no legal distinction in the UK between tax avoidance and tax reduction, as the definition of which clauses in the (extremely long) tax law are 'meant to be used' and which are 'loopholes' is entirely subjective and not considered by tax tribunals.

    55. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 0

      no, the local corporation is paying gobs of other taxes, which, you forget, are ripped out of your hands. If it were just income tax, then you'd have a relavant argument. However, you don't.

    56. Re:Avoidance vs Evasion by ryzvonusef · · Score: 1

      Sorry, That was a horrible typo, I meant if a tax *avoidance* scheme is technically legal...

      I have studied Tax law in ACCA (paper F6), and there *is* a distinction; tax avoidance are pseudo-legal scheme, which are apparently legal, but HMRC *can* nab them if they can make a case, and apparently do so. Tax reduction are obviously legal schemes. My text pointed out the "Double Irish" as an example of a tax avoidance scheme, that while using legal "loopholes", is forbidden and can be penalised if caught.

      I did questions on this shit, so at least theoretically possible, but if it is different in practice, then that's a separate story.

      --
      I am an ACCA student. Got a query on Accountancy/Finance? Maybe I can help!
    57. Re:Avoidance vs Evasion by daem0n1x · · Score: 1

      How much is that?

    58. Re:Avoidance vs Evasion by HornWumpus · · Score: 1

      Ethically and morally it is wrong to _not_ starve the beast.

      Big government is a problem, not a solution.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    59. Re:Avoidance vs Evasion by MeNeXT · · Score: 1

      The day there's an unified tax law over Europe some non-European company will step up to replace Ireland.

      That's fine. But there will be import taxes and duties, same as with anything that comes from say, China.

      The problem here is that Ireland is distorting tax income in other European Union countries and these countries can't do anything about it.

      Say you pay now a 30% income tax. I -legally- offer you to pay just 10% over here (but you still live wherever you are, and use the infrastructures and services over there). Do you take the offer or not? If you do, then you pay 1/3 of the taxes you should pay, you still get all the benefits (at someone else's expense), and I get 1/3 of your taxes for nothing.

      That's what Ireland is doing.

      Tax law is written to collect. It is not intended to pay for anything. The services provided do not correspond with the money collected. We ask people with few means to pay for pensions and salaries which would sometimes be performed by less expensive individuals. The association that we are bombarded with is that tax revenue pays for services and our protection. This is not entirely true. My contribution a couple of years ago was over $100K and this year it will be about $30K and I have not changed jurisdictions. So now I ask you why is 30% acceptable and 10% not? If I take on a second job why should I pay a higher rate? 10% or 30% should be the same no matter what my income is, after a basic living allowance. If I go to work and earn my living why do I have to pay a VAT on transportation that is tax provided by income taxes and a minor fee from users? You get all the benefits even when you don't pay so why does it matter what you pay? Taxes are not based on logic. They are emotional pitting one individual against another and ensuring that some get more than others. Some pay more than others irrelevant what country you reside in. Some regions pay more than others. Cities pay more than rural areas. It goes on and on... We need to change our whole society but as of yet we have not found a system which would solve all our problems so we live with what we have. Ireland is doing nothing more or less than what rural areas are doing to the cities.

      --
      DRM? No thanks, I'll just get it somewhere else...
    60. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 0

      How is this any different then store across the border advertising in the neighboring country? Or post-order from a neighboring country?

      It isn't except of course that the Internet makes it easier and more broadly applicable. They should pay taxes where the store (servers in the case of google or amazon) are.

    61. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 0

      I have studied Tax law in ACCA (paper F6), and there *is* a distinction; tax avoidance are pseudo-legal scheme, which are apparently legal, but HMRC *can* nab them if they can make a case, and apparently do so. Tax reduction are obviously legal schemes. My text pointed out the "Double Irish" as an example of a tax avoidance scheme, that while using legal "loopholes", is forbidden and can be penalised if caught.

      I did questions on this shit, so at least theoretically possible, but if it is different in practice, then that's a separate story.

      Well I am a Chartered Accountant, so I have also studied this shit and applied it in practice. Tax avoidance is legal - not pseudo-legal. There is no such thing as pseudo-legal. If HMRC can make a successful case that a scheme does not follow the rules then it was never legal and was always tax evasion, whether the tax payer (or their accountant) realised this or not. Some wildly improbable schemes are marketed as tax avoidance but then the suckers that use them get penalised - this means those schemes were never actually tax avoidance at all, but tax evasion. In the standard usage of the terms in the UK profession, tax avoidance and evasion are not differentiated by uncertainty or by whether any breach is intentional.

      There is, at present, no General Anti-Avoidance Rule in the UK (one may be introduced next year). Tax structures that are 'wholly artificial' can already be challenged, but the fact that a tax benefit is one of the main reasons for setting up a scheme is not a problem providing it is not the only significant reason.

      The 'Double Irish' structure applies to shield profits already transferred to Ireland and does not directly impact the UK, so I would be very surprised if the UK ACCA textbooks said it was illegal in such blanket terms. Double Irish is fundamentally about exploiting the US-only concept of 'check-the-box' pass-through taxation plus the US lack of a concept of company residency based on central management and control which exists in Irish and Lux tax law. I'm not aware of any tax tribunal or court rulings saying it is 'forbidden' in the UK, whatever that would mean. You may be thinking in more general terms about extracting profits from high-tax countries to low-tax countries using transfer pricing for things such as 'brands' and 'intellectual property'- as a rough summary this is a case-by-case determination based on whether the charges can be justified on an arms-length basis and is neither automatically legal or illegal.

    62. Re:Avoidance vs Evasion by AF_Cheddar_Head · · Score: 1

      And you and I disagree on the minimum_necessary.

      I know some individuals of the "starve the beast" mindset that think the county should pave and plow the road they live on but they object when the county paves and plows the roads in the local trailer park.

    63. Re:Avoidance vs Evasion by ryzvonusef · · Score: 1

      Thanks for the kind explanation, you highlight the difference between studies and experience :)

      My text clearly outlined the the various tax scheme categories -evasion,avoidance,reduction. Only Approved HMRC reduction schemes could be followed, and that evasion and avoidance were not allowed. Evasion was described as outright illegal acts, whilst avoidance was described as utilising loopholes(the double Irish and Dutch sandwich, plus tax havens etc were given as an example of various tax avoidance tactics)

      Btw, I posted a reply to my comment, where I posted a wiki [1] link, where it says the UK govt and HMRC are starting to retrospectively attack tax avoidance schemes, so I guess the text was pre-emptively deciding the whole thing is bad? Then again, the whole course is about ethical moral fibre or whatever, so I guess they ward us off the bad streets of tax avoidance :D

      Also, the whole ACCA course is full of American rule-based vs British principles-based approaches, and love to compare them, so I don't discount them dragging American troubles in British tax texts :D

      [1]: http://en.wikipedia.org/wiki/Tax_avoidance#Government_and_judicial_response

      --
      I am an ACCA student. Got a query on Accountancy/Finance? Maybe I can help!
    64. Re:Avoidance vs Evasion by Deliveranc3 · · Score: 1

      Just as a general question. How open would U.S. citizens be to internationalizing Google and Microsoft.

      Privacy concerns and hacking attacks mean that they're a key U.S. asset. The steps needed to protect data from these companies is such that it's easier to sell them to the U.N. and allow tax revenues to flow that way instead of into U.S. coffers and allow them to be audited by international organizations.

    65. Re:Avoidance vs Evasion by BitterOak · · Score: 1

      The day there's an unified tax law over Europe some non-European company will step up to replace Ireland.

      That's fine. But there will be import taxes and duties, same as with anything that comes from say, China.

      Import duties and taxes work fine when there's physical goods involved. When a ship arrives at a harbor full of cars, or stereos, or sweaters, or whatever, the customs officers can do an inventory, fill out the paperwork, and bill the importer for the taxes and duties owed. But the present case is over Google whose commodity is information that flows over the Internet. How do you apply such a scheme there? Put customs officers at all the international routers? What if we're using SSL or some other form of encryption? How do you keep track of the digital "imports"?

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    66. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 0

      My text clearly outlined the the various tax scheme categories -evasion,avoidance,reduction. Only Approved HMRC reduction schemes could be followed, and that evasion and avoidance were not allowed. Evasion was described as outright illegal acts, whilst avoidance was described as utilising loopholes(the double Irish and Dutch sandwich, plus tax havens etc were given as an example of various tax avoidance tactics)

      When you develop and market a new tax avoidance scheme to clients you have to disclose it to HMRC under DOTAS. This does not constitute "approval" by HMRC and does not affect whether it is legal (you could disclose a scheme that they considered clearly illegal and they wouldn't have to tell you until they rejected your client's return). If they agree it is legal, it does give them a chance to try to get it made illegal (possibly retrospectively) before your clients can apply it. However, if they have to get a law passed to block it, that is pretty much a concession that it was not illegal under the tax law when you came up with the scheme!

      2.2 On its own the disclosure of a tax arrangement has no effect on the tax position of any person who uses it. However, a disclosed tax arrangement may be rendered ineffective by Parliament, possibly with retrospective effect.

      I think that the main point I am trying to make is that although I can obviously see the difference between a simple reduction such as taking an accelerated capital allowance for 'green' equipment and a complex avoidance scheme offshore trust structure with all manner of weird transactions going on, in legal terms the only distinction is following the law or not following it. What's really happening to tax avoidance is that reputational factors are starting to kick in with directors not wanting to see PR disasters when the public find out. Boards are also waking up to some of the corporate governance problems that the more complex tax avoidance schemes can cause, where the non-tax specialist directors struggle to understand the nature of relationships between the dozen offshore companies they set up to save 1% on VAT or whatever.

      Btw, I posted a reply to my comment, where I posted a wiki [1] link, where it says the UK govt and HMRC are starting to retrospectively attack tax avoidance schemes, so I guess the text was pre-emptively deciding the whole thing is bad? Then again, the whole course is about ethical moral fibre or whatever, so I guess they ward us off the bad streets of tax avoidance :D

      Yes, there have been some retrospective attacks on avoidance schemes, but note that they required changing the law via parliament. HMRC cannot just say that despite the fact that your scheme is following the law they are going to penalise you because they consider what you are doing a 'loophole' - they had to change the law to make the behaviour illegal before they could attack it. If tax avoidance was inherently illegal they would not need to do that.

    67. Re:Avoidance vs Evasion by Anonymous Coward · · Score: 0

      The other countries can do something about it, they can access your income based wholely on how you live and send you a bill.

    68. Re:Avoidance vs Evasion by Kalriath · · Score: 1

      You keep saying this, but you provide absolutely no justification of the statement.

      Not surprising, because the statement is bullshit.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    69. Re:Avoidance vs Evasion by Kalriath · · Score: 1

      Noone is claiming that. You really need to RTFC (read the fine comment). The number is $1B revenue including GST, of which Google has paid less than $100K in taxes.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    70. Re:Avoidance vs Evasion by ryzvonusef · · Score: 1

      Thank you once again for the extremely detailed explanation, I wish I had a teacher half as good as you, then I wouldn't be scrapping passes at 50.

      --
      I am an ACCA student. Got a query on Accountancy/Finance? Maybe I can help!
  2. How are they legally allowed to do this? by Anonymous Coward · · Score: 1

    Don't Apple own all the patents on tax evasion techniques?

    1. Re:How are they legally allowed to do this? by WindBourne · · Score: 4, Informative

      If so, then loads of prior art. MS, IBM, GE, etc come quickly to mind.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    2. Re:How are they legally allowed to do this? by chthon · · Score: 1

      Not to mention Mittal and and other multi-nationals.

      Let the rich bleed!

    3. Re:How are they legally allowed to do this? by Kergan · · Score: 1

      Try Wall Street and the City.

    4. Re:How are they legally allowed to do this? by shentino · · Score: 1
    5. Re:How are they legally allowed to do this? by serviscope_minor · · Score: 1

      If so, then loads of prior art.

      Yeah, but Apple's tax evasion has rounded corners so it's completely new.

      --
      SJW n. One who posts facts.
    6. Re:How are they legally allowed to do this? by mwvdlee · · Score: 1

      Now there's a patent type I can support!
      Second step will be to include a tax law that forbids use of patented tax strategies.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    7. Re:How are they legally allowed to do this? by Anonymous Coward · · Score: 0

      Just shut up. It's old.

    8. Re:How are they legally allowed to do this? by GameboyRMH · · Score: 1

      Only if you cut *rounded* corners on your tax form

      http://instantrimshot.com/

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
  3. It isn't very different by Kupfernigk · · Score: 3, Insightful

    Actually, you are wrong. Companies freely admit that they sail as close to the legal wind as possible. Whether they are over the line or not depends on a case coming to court. Avoidance is merely evasion that has not yet been shown to be illegal.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    1. Re:It isn't very different by HungryHobo · · Score: 4, Insightful

      lots of forms of tax avoidance have gone to court and been declared perfectly legal. so no, it's not a matter of "Yet"

      If you do your own taxes then whenever you do anything legal to keep your tax bill down then you're avoiding taxes.
      Ever put your money into a government saving scheme to which DIRT isn't applied? tax avoidance.

      and sometimes the lawyers are wrong, they've missed a comma in the law or the judge decides that some interpretation of the law isn't correct.

    2. Re:It isn't very different by Anonymous Coward · · Score: 0

      Actually, you are wrong. Companies freely admit that they sail as close to the legal wind as possible. Whether they are over the line or not depends on a case coming to court. Avoidance is merely evasion that has not yet been shown to be illegal.

      Of course, the same way that a threat to kill someone is merely a murder which simply has not yet been shown to be fatal.

      As in, they're two different things.

    3. Re:It isn't very different by Anonymous Coward · · Score: 1

      Actually, you are wrong.

      No he isn't.

      Avoidance is merely evasion that has not yet been shown to be illegal.

      This may surprise you, but in many countries plans for tax schemes have to be submitted to the tax office, who can then approve or deny the scheme as valid & legal. Most schemes are not just legal, they've been rubber stamped by the very tax collection agencies who are supposedly now up in arms about it, as though they didn't know.

      For the record, I believe that tax avoidance is at least morally wrong, and that we should clamp down on avoidance schemes.

    4. Re:It isn't very different by clickclickdrone · · Score: 2

      Most schemes are not just legal, they've been rubber stamped by the very tax collection agencies who are supposedly now up in arms about it, as though they didn't know.

      Indeed. The company I work for was in the press a while back for fairly creative tax affairs. The government kicked off when it entered the public domain and then it was disclosed the Inland Revenue had been fully briefed on it and signed it off in writing as OK.

      --
      I want a list of atrocities done in your name - Recoil
    5. Re:It isn't very different by Joce640k · · Score: 2

      Inland Revenue had been fully briefed on it and signed it off in writing as OK.

      ie. There's a lot of MPs using the exact same loophole so they don't want to close it.

      I expect this scandalous behavior by Google to meet the same fate. It'll be hushed up/buried in a couple of months when the people behind this figure out their own income will go down if they fix the law.

      --
      No sig today...
    6. Re:It isn't very different by Anonymous Coward · · Score: 3, Insightful

      Understand that "tax avoidance" is merely a loaded term targeted at uneducated public for "tax compliance". Google in this instance is being used as a scapegoat for it's "tax compliance" in order to deflect anger about unneccessary and inefficient "stimulus" schemes that have left the country in fiscal deficit.

    7. Re:It isn't very different by Xest · · Score: 3, Insightful

      It doesn't matter either way. Here in the UK for example the government has a corporate tax rate of something like 21%, yet Amazon paid no corporation tax on £7bn worth of sales.

      It doesn't matter how they managed to do it, the point is the intention is clearly that they pay 21% of that in tax so the government has every right to collect that from them retroactively even if it means they technically did nothing wrong at the time.

      As Ian Hislop put it on have I got news for you a few weeks ago he was spot on, stating something along the lines of:

      "Okay yes, very funny, you're very clever, you found a loophole, now just pay us what you owe" ...and that's the attitude governments are now taking over this, quite rightly too. Nice to see Australia following France's lead, hopefully the UK and others will also join in now where this has come to light. You can't justify a situation where small businesses and most citizens pay the taxes it's intended that they pay and larger companies and individuals with more money don't because they have enough money to pay people to find loopholes.

      People and companies can disagree with taxes and that's fine, but if you think they're extortionate then get them changed through political means, don't evade them and leave everyone else to foot the bill and subsidise your existence because you're too selfish to contribute your fair share to society.

      Yes, yes, I know these tax dodger companies claim they still produce tax in other ways, like VAT paid, employees taxes and so forth, but they're still subsidised. The amount they pay isn't enough to cover healthcare to keep their workers healthy enough to work, the education system the rest of us paid for to give them an educated workforce to even make money in the first place, the highways they use to transport their products, the police, military, and fire brigade to protect their premises and so forth. That's why corporation tax is there in the first place - to help pay for this sort of thing. If they don't pay it perhaps the alternative is to remove services like police protection from them or something and let people steal from them at will making it a fair playing field.

    8. Re:It isn't very different by HungryHobo · · Score: 4, Insightful

      You still don't seem to understand the difference between "evade" and "avoid"

      so, the government starts a saving scheme to encourage people to save.

      they offer to not charge you tax on the interest on money you save. the rate is a little worse than other saving accounts but you go with that one since without the tax you make a little more interest.

      then a few years later some self righteous clown comes along and says to you "very funny, you're very clever, you found a loophole, now just pay us what you owe" and gives you a bill for 5 years back taxes on the account along with interest and penalties as if they'd never offered the origional deal.

      is that remotely fair?

      or the government wants to encourage the building of low income housing. so they offer to only charge a lower rate of tax or no tax. you invest your money into building low income houses.

      then a few years later some self righteous clown comes along and says to you "very funny, you're very clever, you found a loophole, now just pay us what you owe" and gives you a bill for 5 years back taxes on the account along with interest and penalties as if they'd never offered the origional deal.

      is that remotely fair?

      You're morally obliged to pay every penny of tax you owe but not a penny more.

      you don't want rule of law, you want an autocracy where even if you follow the law to the letter someone can swoop in and punish you or declare that you owe them money.

    9. Re:It isn't very different by Anonymous Coward · · Score: 0

      If I get caught cheating on taxes I'll be pilloried. If Vodafone, Goldman or similar get caught, the nice HMRC girl will fill her mouth with honey to fellate them while her colleague assures them that Her Majesty's Government is willing to settle for far less than they could possibly have imagined. All of this kept under wraps.

      How is this shit working. It's like poor guy gets caught robbing a bank, and gets tackled and sent inside. Rich guy manipulates the system, holds his hands "it's a fair cop guv", and is asked to give back a portion of what he took.

    10. Re:It isn't very different by Custard+Horse · · Score: 5, Interesting

      Quite right.

      Where there is an flaw in tax law, it will eventually be written out and that loophole closed. Google has avoided tax thus far but now is the time to pay up and for that to occur the law needs to be changed.

      Of course, Google isn't the only entity using such tactics - it is the extent of the avoidance that is causing uproar. Every multinational company will have similar tax plans in place (or their accountants atrn't doing their jobs properly) and they will all be concerned about any tax developments.

      Remember, it's not a Google Tax people want, it is a prevention of tax avoidance which might affect the decision of of large companies to move into or out of the countries where they have a physical presence. Catastrophic financial consequences may well occur.

      Revision of tax law is not the work of a moment...

    11. Re:It isn't very different by RaceProUK · · Score: 1

      so, the government starts a saving scheme to encourage people to save.

      they offer to not charge you tax on the interest on money you save. the rate is a little worse than other saving accounts but you go with that one since without the tax you make a little more interest.

      then a few years later some self righteous clown comes along and says to you "very funny, you're very clever, you found a loophole, now just pay us what you owe" and gives you a bill for 5 years back taxes on the account along with interest and penalties as if they'd never offered the original deal.

      is that remotely fair?

      Of course not. It's also irrelevant, as it's a concrete invite by the government. Also, that money doesn't leave the national economy. Not to mention the real-world amount of tax relief is tiny.

      --
      No colour or religion ever stopped the bullet from a gun
    12. Re:It isn't very different by Anonymous Coward · · Score: 4, Informative

      Avoidance is merely evasion that has not yet been shown to be illegal.

      Is English your native language?

      What's your point? Regardless of whether the words "evasion" and "avoidance" are synonymous or similar in general usage, the distinction between "tax evasion" and "tax avoidance" as referring to illegal and legal activities respectively is widely accepted and standard terminology.

      If you don't know this, perhaps it says more about *your* ignorance of the language.

    13. Re:It isn't very different by dbIII · · Score: 1

      is that remotely fair?

      Have you met a tax man that cares about that?
      Rule of law hits might makes right when the state's revenue is on the line.

      I think you've got confused here about what we want (a fair system) and what we observe (lots of adhoc patches on a system to get as much as easily possible). Also it's the Australian Tax Department, still clinging on like a terrier to Paul Hogan to try to get the money from "Crocodile Dundee" from 1986. That film made a fortune tax free due to the rules at the time, and also gave it's investors a 150% tax credit. The rules changed because of the success of that film and the Australian Tax Department has been trying to get the money back retrospectively ever since. Pointing out what is going on does not mean approval.

    14. Re:It isn't very different by Stuarticus · · Score: 2

      If you can't tell the difference between technically legal and moral then you are likely well qualified to be a CFO.

      --
      If you think someone isn't free to have a different definition of "freedom" you may be a tyrant.
    15. Re:It isn't very different by Xest · · Score: 2, Insightful

      "You still don't seem to understand the difference between "evade" and "avoid""

      No, I fully understand it, I just also recognise it's being used as a poor excuse for avoiding intended taxes.

      "is that remotely fair?"

      No because that's not what we're talking about here is it? The example you cited is one where the government intended something be tax free, in the cases we're talking about the exact opposite is true - the government in the UK for example never intended that Amazon avoid paying the 21% corporation tax on their $7bn in revenue, quite the opposite.

      "You're morally obliged to pay every penny of tax you owe but not a penny more."

      For some value of owe. To most decent people owed tax means tax that the spirit of the law intended you to pay, not "the bare minimum tax you can legally get away with paying by using complex methods of cheating the system, and outright lying about losses".

      "you don't want rule of law, you want an autocracy where even if you follow the law to the letter someone can swoop in and punish you or declare that you owe them money."

      I want companies to follow both the letter AND the spirit of the law. You only think people should have to follow the letter of the law, that's the difference. When the government sets a rate of 21% corporation tax, it's pretty clear that the government intends that companies pay 21% corporation tax on their revenues. There's nothing arbitrary or autocratic about enforcing that even if some companies and individuals feel they should be able to dodge it by trying to exploit loopholes in other laws.

      Look, as the public accounts committee in the UK pointed out the other day - companies like Amazon on one hand are dodging taxes by creating fabricated losses and telling the government they made a loss in the UK so owe no tax, and on the other telling investors they've made record profits in the UK. This is called lying.

      Yes in some cases you can argue they've found a legal loophole that means what they've technically done isn't illegal, but then, as I pointed out, it's not illegal for the UK government to withdraw public service support such as police and fire protection from companies like Amazon. As a sovereign nation the UK has every right to do that, just as they can enact laws to retroactively collect these taxes.

      The best you can argue is that these companies did nothing illegal at the time. It doesn't change the fact that the taxes are both owed, and can be legally and legitimately collected by the authorities even if that means retroactive enforcement.

    16. Re:It isn't very different by Anonymous Coward · · Score: 0

      The key question is. Do they hide something; then it's their fault for cheating. If not then it's the governments for not adjusting the rules.

    17. Re:It isn't very different by Anonymous Coward · · Score: 1

      I completely agree with your reply to "some self righteous clown", except for this:

      You're morally obliged to pay every penny of tax you owe but not a penny more.

      You do not "owe" tax. This is not a consensual transaction, such as a sale of goods on credit, in which you voluntarily assume a liability and as a result of which you "owe" money to the other party. Instead, here a group of armed thugs calling themselves a "government" has decided that they wish to steal a certain amount from you, and has sent you something resembling a bill, in which they state their demands. Whether or not they have been "elected" by a majority of the greedy, sponging beasts that live in your geographical vicinity, you don't "owe" these parasites a damn thing.

      And, for the socialists and all the other flavours of statists out there, please spare me the whining about "social contracts", "your country: love it or leave it", others' "rights to" goods and/or services that need to be provided by others, and similar fictions. Theft is theft, no matter how cleverly you try to justify it.

    18. Re:It isn't very different by Runaway1956 · · Score: 1

      Unfortunately, you are correct.

      I want rich individuals to carry a proportionate share of the tax burden. If you only earn $10,000 this year, you pay about $3000 in taxes. If you earn FROM ANY SOURCE $10,000,000, then you get to pay 3,000,000.

      Ditto for corporations. Some of those tax dodges my not be "illegal", but they need to be made illegal, and very quickly.

      Granted, you probably cannot tax gross profits. That would be terribly unfair to a lot of companies, depending on how the business is run. But, net profits, and the methods used to calculate them, need to be closely scrutinized - AND TAXED!!!

      As much as I hate most everything I hear of Australian politicians - they are right this time around.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    19. Re:It isn't very different by Runaway1956 · · Score: 2

      Your analogy suffers.

      The governments didn't offer these loopholes out of the blue, for the benefit of the companies. Instead, those companies have had professional tax dodgers searching for loopholes, and using one nation's tax laws to set up artificial loopholes in other nation's tax laws. Money, millions and billions of dollars at a time, are moved around the globe, to create the illusion that this branch of this particular company doesn't have money, or didn't generate revenue. All the revenue was generated by that other subsidiary over yonder, which is not subject to taxation over here.

      Smoke and mirrors.

      You can search for my opinions on George Bush - I dislike the guy tremendously. But, he handed out an economic stimulus check to taxpayers. The government offered it, I took it, I spent it. So yeah, the first half of your little analogy fits. But, I am not, cannot, and would not put all my money in an account in Bermuda, then pretend that I was penniless, to avoid paying taxes.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    20. Re:It isn't very different by mrt_2394871 · · Score: 1

      sorry. posting to cancel cack-handed moderation

    21. Re:It isn't very different by drinkypoo · · Score: 5, Insightful

      Where there is an flaw in tax law, it will eventually be written out and that loophole closed

      I can't speak for Australia, but here in the USA, corporate interests bought those laws, and therefore the features that permit them to dodge taxes are not flaws, they are the system working as designed. Therefore, they will not "eventually" be written out in order to close the loopholes, because the people writing the laws are keeping them open. Even if you should close a loophole, not only will another be opened, but the same one will be reopened later.

      Every multinational company will have similar tax plans in place (or their accountants atrn't doing their jobs properly) and they will all be concerned about any tax developments.

      I'm sure their lawyers are rubbing their "hands" (or pedipalps or whatever you call lawyers' forelimbs, I haven't kept up with analzoology) together with glee even as we type.

      Revision of tax law is not the work of a moment...

      No, it takes decades to really and truly corrupt a body of law.

      I really don't know what things are like in Australia but since they learned most of what they know from the same teacher we did, only earlier, I imagine that law is pretty well and rightly fucked there as well.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    22. Re:It isn't very different by Attila+Dimedici · · Score: 1

      So, I take it you are in favor of the Flat Tax?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    23. Re:It isn't very different by Anonymous Coward · · Score: 0

      You are wasting your time. It's the free market "gordon gecko" type sociopaths arguing in these corporate tax threads that its basically "good for them do whatever they can get away with" to avoid taxes they'd owe by gaming the system with complex networks of tax shelters and international loopholes and arguing the semantic difference between avoidance and evasion without considering what was actually intended by having a tax rate in the first place. Without one iota of comprehension of how it actually affects society or themselves (since most executives in multinationals aren't going to be arguing online).

      Get used to it, it's what the right wing ayn rand disciples (and their flocks of sheeple) have fallen back to for the last few years in America already. Arguing word semantics of a usually purposefully taken out of context sound-byte or speech snipet like they are some 90s message-board troll suffering from their own self induced delusion and lacking any kind of speech or reading comprehension... especially when it comes to putting things into the context they were obviously intended for like a rational person.

    24. Re:It isn't very different by drinkypoo · · Score: 1

      You still don't seem to understand the difference between "evade" and "avoid"

      Time for a car analogy!

      If you are waiting to make a right turn and the light says no right on red and there's nobody coming and you drive through the dirt to the right of the light to avoid the light you're evading the light. But if you took a different route so that you wouldn't have to make that right turn at all (you took an earlier right) then you're avoiding the light.

      Unfortunately, this analogy too sucks, because they call it "avoidance of lights" when you evade a light, because lawyers aren't necessarily intelligent.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    25. Re:It isn't very different by Sique · · Score: 1

      No, you owe the money. You were taking all the services of the government (like enacting and enforcing laws, enabling trade, protecting against aggressors, building roads, defining standards, structuring society), and now you have to pay for them. If you don't like the services the government provides, go somewhere else where you get services more to your liking.

      --
      .sig: Sique *sigh*
    26. Re:It isn't very different by Attila+Dimedici · · Score: 1, Informative

      When the government sets a rate of 21% corporation tax, it's pretty clear that the government intends that companies pay 21% corporation tax on their revenues.

      When the government passes a law allowing companies to deduct some expense from their profits before calculating their taxes it is pretty clear that the government does not intend for the company to pay taxes on that money. If the government truly intended for companies to pay 21% tax on their revenues they would not have written deductions into the tax law for companies to take. They would have just written the law saying that companies need to pay 21% of their revenues in taxes. However, since that is not what the law has been written to say, it is pretty clear that the government did not intend for companies to pay that much. What is clear is that the government intended for you to think that companies pay 21% of their revenue in taxes.
      If Google followed the law in the deductions they took, the taxes are not owed and cannot be legitimately collected retroactively (and if it can be done "legally" in your country than you do not actually have laws, just government edicts).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    27. Re:It isn't very different by Attila+Dimedici · · Score: 1

      For the record, I believe that tax avoidance is at least morally wrong,...

      So, I take it that you do not take any deductions when you file your taxes?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    28. Re:It isn't very different by drinkypoo · · Score: 3, Interesting

      So, I take it you are in favor of the Flat Tax?

      No, because I am in favor of a fair tax. And that is a simple progressive tax only assessed to people making more than enough to survive upon. A flat tax is a regressive tax because the poor spend more of their income on taxes on necessities, and necessities ought not to be taxed. Any government which cannot provide more than the minimum to its citizenry deserves to fail and get out of the way of one which can. The road to fair taxation involves simplification, but not writing it in crayon.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    29. Re:It isn't very different by dietdew7 · · Score: 1

      "When the government sets a rate of 21% corporation tax, it's pretty clear that the government intends that companies pay 21% corporation tax on their revenues." Corporate taxes are not based on revenue. They are usually based on the difference between revenue and cost. It would be hell to live in a world where we had to obey the 'intention' of the law rather than the law itself.

    30. Re:It isn't very different by Anonymous Coward · · Score: 0

      How about this:
      1. Ian Hislop writes down how to figure out how much tax someone owes, since it seems so obvious to him.
      2. Ian Hislop convinces the UK to replace their 1000-page tax code with his.
      3. Companies start paying the tax they owe.

      It's called fixing the system instead of whining.

    31. Re:It isn't very different by Anonymous Coward · · Score: 0

      Legal is legal.

      Evasion, avoidance... it just sounds like smart business.

    32. Re:It isn't very different by Anonymous Coward · · Score: 0

      "Avoidance is merely evasion that has not yet been shown to be illegal."

      Everything you do is X that has not yet been shown to be illegal (unless you're breaking the law). The point is, it's legal now.

    33. Re:It isn't very different by Attila+Dimedici · · Score: 4, Insightful

      You are apparently unaware that most versions of the Flat Tax propose that there be a single deduction for each taxpayer that would be set at some level based on the Poverty Line. So, one could calculate how much it costs to provide the "necessities" and set the deductions some amount above that, thus making it so that people do not pay taxes on necessities. This would be a fair tax and would in all probability result in the wealthy paying more than they do now, since there would be no additional deductions for them to use to reduce their taxable income so that they do not actually owe that high marginal tax rate that everyone is so anxious to see passed.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    34. Re:It isn't very different by Xest · · Score: 1

      Sure, outright 21% on revenues is an oversimplification because yes there is depreciation etc. involved.

      But fundamentally the point is that the government never intended that companies set up a complex network of shell companies that charge each other made up costs between various jurisdictions to make up false losses that are demonstrably false due to the fact that said companies state that they are not losses in their report to investors which has to be legally correct.

      "If Google followed the law in the deductions they took, the taxes are not owed and cannot be legitimately collected retroactively"

      Yes they can.

      "(and if it can be done "legally" in your country than you do not actually have laws, just government edicts)."

      So no country has law and every country in the world just has edicts? I believe just about every country in the world has applied law retroactively at some point for some thing, including those whose constitutions state that it's forbidden, such as the US. You might want to rethink this one, as your sweeping blanket statement is demonstrably false.

    35. Re:It isn't very different by Anonymous Coward · · Score: 0

      Corporate tax in America is not for paying employee healthcare. Employment taxes are separate taxes paid during payroll processes. Corporate tax in America existed long before public healthcare programs, too.

      And there are a number of large corporations in countries all over the world who use the same tax avoidance mechanisms. For instance, Xstrata, the largest UK mining company, is based in Switzerland for tax "savings." I could name many more from other countries like France and Australia that use the same measures as Google and Starbucks so all the ruckus is just that: ruckus. I find it funny that these governments are using Starbucks and Google as their big examples when they left Microsoft and Apple alone for years. And, of course, they allow some of their own corporations to play tricks like Xstrata, probably avoiding corporate taxes in their native country.

      Politics as usual. When you're having troubles, find *anyone else* to point the finger at, stir up the public, and maybe they'll forget you're incompetent.

    36. Re:It isn't very different by Xest · · Score: 1

      This is exactly what's happening.

      It's kinda what the article is about.

    37. Re:It isn't very different by thrillseeker · · Score: 1, Insightful
      in favor of a fair tax. And that is a simple progressive tax

      There is nothing fair about a progressive tax except in the eyes of those who pay less than others.

    38. Re:It isn't very different by Anonymous Coward · · Score: 0

      I'm Pay As You Earn (PAYE), and thus never file a tax return. As it happens I did indeed overpay for the year 2009-2010 and 2010-2011, for which Her Majesties Customs & Revenue have just sent me a cheque as reimbursement. If they hadn't had reviewed those years I'd have never have noticed (or cared), either.

      Nice try at saying that taking valid deductions is the same as amoral avoidance, though. There is of course no black and white line between "moral" and "immoral" avoidance, but I firmly believe that companies such as Google, Amazon, Starbucks, Tesco and Vodafone (to name a few) all fall well into the "amoral" category. I believe that contract staff who "work" for a limited company but take dividends rather than a wage (thus paying the lower corporate tax rates, rather than income tax) are probably on the wrong side of "moral", but only by a small margin.

    39. Re:It isn't very different by thrillseeker · · Score: 1
      If you don't like the services the government provides, go somewhere else where you get services more to your liking.

      Or, gasp, follow the laws as they're written.

    40. Re:It isn't very different by Attila+Dimedici · · Score: 1

      Any law which can be changed retroactively is not a law, it is an edict. And no, I do not wish to restate my statement, the U.S. has ceased to be a country of laws. It is a country that is ruled by edict. If what I do today is legal by the laws of today, but the laws can be changed tomorrow so that I can be punished for what I did today (that was legal today) than the country in which that happens does not actually have laws.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    41. Re:It isn't very different by Anonymous Coward · · Score: 0

      "Taking" suggests that I had a choice. Yes, some of the services you listed are valuable to me, and I would pay for them voluntarily. But many, many other government-run "services" are unnecessary, are contrary to my interests, are better provided privately, or are just plain evil. I wasn't "taking" those; they were inflicted on me without my consent.

      (And no, I don't agree that voting automatically implies consent to any and every bit of larceny that a majority of my fellow primates end up voting for. It's at best a desperate and ineffective bit of self-defense.)

      As for your puerile "love it or leave it" argument, this is the equivalent of saying that if you don't like your local Mafia, then go live in the land of the Yakuza, or the Triads, or the cartels. In fact, I have. I've moved from one country to another several times, either in pursuit of better opportunities or in sheer frustration at the greed and idiocy of the local thugs. It's simply a tradeoff between how much I can earn in a given country, versus the amount that I can expect the parasites to steal from me. But it shouldn't be necessary, and the fact that I'm currently able and willing to do so doesn't make their actions any less immoral.

    42. Re:It isn't very different by Xest · · Score: 1

      It's not about changing law, it's about creating new laws and applying them retroactively.

      What countries do you deem to have laws? Your arbitrary definition of law/edict seems to basically suggest law is a meaningless term in your vocabulary.

    43. Re:It isn't very different by Anonymous Coward · · Score: 0

      Okay.. the costs are not made up. Those costs exist regardless of the shifting of taxing jurisdictions. Shifting the costs around provides the company a net benefit from less tax burdens. Made up costs are evasion. Legit costs that shift tax burdens are avoidance. One is legal.

      You don't have to like it. You can say "yes they can" all you like. But no. No they cannot come after taxes retroactively for following the law. Or rather, the government *can* ignore its own laws... but see how popular that makes you with businesses. New businesses will want to locate elsewhere, because governments that ignore its own laws are increased risk factors that they don't need. Current businesses will see the same and seek to shift its operations away to shed that risk. What can happen is that the law is changed to cease permitting such behavior.. Good luck keeping internet service companies in country. Not only will you not get the increase corporate revenue, but since they'll move their operations elsewhere, you'll lose the employee income tax revenues too. Maybe that will be an okay exchange for a country, raising more tax revenues from industries that can't relocate relatively easily. I don't see it, given how important the internet and its services have been and are likely to be.. but its your country.

    44. Re:It isn't very different by Anonymous Coward · · Score: 0

      Yeah, except the wealthy are STILL pushing that Flat Tax, and I know enough about Brer Rabbit to suspect they do want to be thrown in the Briar Patch.

    45. Re:It isn't very different by Anonymous Coward · · Score: 1

      You're morally obliged to pay every penny of tax you owe but not a penny more.

      - not morally, legally.

      Morally everybody should be avoiding paying every single penny in all taxes, legal or not. Morally you should make sure that government is completely devoid of any money so that it can do almost nothing, that's the only moral thing to do under all circumstances - make sure that the government is unfunded and can do nothing, because everything that government does is immoral by definition, because it is the government that does it.

      Every action that government does is immoral by definition (even if it is fighting a war, which often takes nationalisation of resources, draft and always means killing and murdering and growing the military industrial complex).

      Morally you should make sure that the collective does not get to do anything, even if it tries to justify it with things like: 'save the starving children'. The collective must not be given the opportunity to justify any of its actions with anything like that, because the end result is always the immoral revocation of individual liberties.

      Starving children are an individual and a private charity problem.

    46. Re:It isn't very different by Anonymous Coward · · Score: 0

      You are apparently unaware that most versions of the Flat Tax propose that there be a single deduction for each taxpayer that would be set at some level based on the Poverty Line. So, one could calculate how much it costs to provide the "necessities" and set the deductions some amount above that, thus making it so that people do not pay taxes on necessities. This would be a fair tax and would in all probability result in the wealthy paying more than they do now, since there would be no additional deductions for them to use to reduce their taxable income so that they do not actually owe that high marginal tax rate that everyone is so anxious to see passed.

      A single deduction would help roughly equalize the position of the poorest section of society relative to the lower middle class but its net effect would be a massive transfer of the tax burden from the wealthiest onto the middle classes. Inequality is not just about comparing some homeless guy to Bill Gates.

      The flat tax also ignores the fact that the length of the tax code is due to the difficulty of defining just what somebody's income is, particularly in complex business situations, not because the rates then applied are progressive. You can't simply eliminate all business deductions or else people will be paying tax on sales, not income. Defining what is a business expense, and when it occurs, is in some cases obvious but in some cases very difficult. Complex business structures involving multiple countries and multiple types of business entity (which may have been set up for legitimate, non-tax reasons) are always going to be difficult to analyse.

    47. Re:It isn't very different by HornWumpus · · Score: 1

      Retroactive laws are a really, really bad idea and are unconstitutional in the USA.

      What you describe upthread is already illegal. Look up 'arms length transaction'.

      You don't understand the dodge, so can't speak about solutions.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    48. Re:It isn't very different by Attila+Dimedici · · Score: 2

      If laws can be applied retroactively, they are not laws. When you apply laws retroactively, you are saying, "Yesterday, when you did that it was legal, but today we made it illegal, so we are going to punish you." Any time "laws" can be applied retroactively it means that "laws" will be written in order to punish individuals and companies for supporting the "wrong" political party.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    49. Re:It isn't very different by HornWumpus · · Score: 1

      Mod parent up insightful.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    50. Re:It isn't very different by Anonymous Coward · · Score: 0

      Actually it's the Australian Taxation OFFICE (ATO), not department (the Treasury is the department).
      And Hoges and Strop settled out of court.
      Months ago, according to the Australian media.
      Also, the ATO has a new commissioner from Jan 2nd next year, as the current ones contract wasn't renewed, much to his surprise.
      The new commish is the first commish to NOT be from the ATO in the ATO's 100+ year history.
      It is quite possible that these things (and other tax debacles in Australia, eg the Myer incident, Punters Club and more) are linked...
      Google, Bing, or DuckDuckGo (yes, really!) "Project Wickenby" for lots of info on tax evasion in Australia and what is and has been done about it.
      The area I work in (yes, I am not a mortician) has about 400 staff and raised $917,000,000 ozbucks (so close to US$1billion) in 12 months by simple datamatching and collection methods.
      The ATO can and does catch cheats, but the government writes the laws that enable this. And some of the laws enacted are retrospective and then some!
      So far, what Google (and Bing & DuckDuckGo?) are doing is legal.
      This may change.
      Retrospectively.
      And I might be an AC, but I am also a tax man (and I work in an audit area now after years working in debt collection) and I do care "about that".
      So now anyone who reads this has met a tax man who cares! But who upholds the law, it's the same law for all, after all.

    51. Re:It isn't very different by HornWumpus · · Score: 2

      It is immoral to _not_ starve the beast.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    52. Re:It isn't very different by Alioth · · Score: 1

      No, it is fair. I pay the top rate of income tax where I live, and I don't complain about it, nor do I think it's unfair that a minimum wage worker pays zero income tax (much less than me). Why? I have a LOT more to lose than a minimum wage worker if it weren't for the structures that are paid for by my taxes, such as the fire service, police, a stable regulated financial system so my savings don't get robbed etc. I use more public services than a minimum wage worker, for instance I use the roads a lot more.

    53. Re:It isn't very different by Sique · · Score: 1

      You have a choice, you can set up your life wherever you want on the world. Some governments don't like to do business with you (e.g. letting you settle there or giving you citizenship), but that's their choice too. It's only your personal laziness that you did not to sell off all your non moveable property and moved to where you like the conditions. Don't blame the government for your own failings!

      --
      .sig: Sique *sigh*
    54. Re:It isn't very different by Anonymous Coward · · Score: 0

      So, I take it you are in favor of the Flat Tax?

      No, because I am in favor of a fair tax. And that is a simple progressive tax only assessed to people making more than enough to survive upon. A flat tax is a regressive tax because the poor spend more of their income on taxes on necessities, and necessities ought not to be taxed. Any government which cannot provide more than the minimum to its citizenry deserves to fail and get out of the way of one which can. The road to fair taxation involves simplification, but not writing it in crayon.

      Rephrase your answer because what you see as a "fair tax" most people see as unfair.... Fair is a shade of grey. In some jurisdictions you are paid more to stay home than going to work and paying your "fair share." Please define "fair tax". Would you apply it to all revenue or profit? If you would apply it to all revenue bear in mind that you would put almost all retailers/distributors/whole sellers at a disadvantage. You would put all small business at a disadvantage...

      Now our system is based on taxing profit. You are allowed to deduct salaries, interest and such from your revenue before taxes are calculated. They are following the law. This is not a loophole.

      Now, where I have a serious problem is when we have able bodied individuals who are paid not to be poor. In most western societies we make choices and our choices will determine whether we have enough to live on more so than anything else in our lives. You made a choice not to understand our economic situation and you spew out emotional words such as fair, just, deserve without proposing a viable solution. If it is unfair that corporations deduct the cost of doing business from their revenue that the same rule should apply to individuals, no deductions of expenses either. I read your comment and I see that you propose nothing. Please explain how simplifying would solve the tax issue currently discussed?

    55. Re:It isn't very different by Xest · · Score: 1

      "Retroactive laws are a really, really bad idea and are unconstitutional in the USA. "

      Yet the US has still enacted a number of them.

      "What you describe upthread is already illegal. Look up 'arms length transaction'. "

      Yet we've done exactly that here in the UK, as have a number of other countries.

      "You don't understand the dodge, so can't speak about solutions."

      You don't have any background knowledge, so can't reasonably discuss the topic full stop it seems.

    56. Re:It isn't very different by flyingfsck · · Score: 1

      Exactly. That is why it is called Income Tax, not Revenue Tax.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    57. Re:It isn't very different by Anonymous Coward · · Score: 0

      You consider it a "beast", I consider it a normal part of living in a society and accepting the many benefits that brings.

    58. Re:It isn't very different by Anonymous Coward · · Score: 0

      We can't have that. I mean, people could do their own taxes and actually be _certain_ they did it correctly, even if they were a small business owner. Much better to leave them in fear for the next 7 years.

    59. Re:It isn't very different by Xest · · Score: 1

      "If laws can be applied retroactively, they are not laws."

      Yes, you keep saying this, it's not true, and no matter how many times you say it, it still wont be true, but I'll carry on playing along and pretending for your sake it is true, and that your arbitrary definition is correct.

      "When you apply laws retroactively, you are saying, "Yesterday, when you did that it was legal, but today we made it illegal, so we are going to punish you."

      Yes.

      "Any time "laws" can be applied retroactively it means that "laws" will be written in order to punish individuals and companies for supporting the "wrong" political party."

      Source? As I say just about every country in the world has used some kind of retroactive law, including the UK and US, and yet neither of these nations, nor any others that I can think of have then done this to punish individuals for supporting the wrong political party. When will these laws be written? you seem to know something I don't and you seem to be speculating about a reality that's never yet true. Do you know something about the future no one else does? The fact is you've simply resorted to a classical slippery slope fallacy here - you're saying it'll somehow reach some absurd extreme for which to date it has not, and for which there seems to be no suggestion or evidence that it will.

      I absolutely agree that if use of them became commonplace it wouldn't be a good thing, and would be very dangerous. But where it is used it has to be politically tenable, and the reason this method of law making has been used succesfully is because it only ever really seems to get used to close loopholes in existing laws - effectively, this type of law is used in exactly the scenario I've been pointing out here, where people are using a loophole to avoid the spirit of the law. Everyone knows companies like Amazon are supposed to be paying more tax than they are, even Amazon knows it, that's why it's statements to investors are contradictory to it's statements to the tax authorities. As such, retroactive enforcement in these sorts of situations shouldn't really come as a suprise- you only have to watch the grilling Amazon's representative got from MPs the other day to see that they know full well they're skirting round the law (and may even be breaking it as written anyway, so retroactive enforcement may not even be necessary).

      But out of interest, as a serious question, what would you prefer as a solution for people to finding loopholes in complex areas of law like this, would you prefer retroactive enforcement where people take the piss to send the message that the money will be recouped eventually anyway and to ensure revenue is not lost, or would you prefer law is written in an overly vague and broad manner in the first place, so that loopholes are rendered irrelevant because the vagueness of the law allows it to be interpreted freely enough to deal with this sort of scenario? Personally I prefer the retroactive approach because it allows things to be targetted against the people who really do take the piss and I think vague laws are even more dangerous.

      Honestly, I don't even care if Amazon et. al. had paid at least 10% of the tax it owes out of the 21% of corporation tax, I don't care if they minimise their liabilities somewhat, but when companies reach the point of literally not paying corporation tax at all it just gets silly, and something has to be done - I'd much rather that was targetted retroactive collection of tax that should've been paid, than a future of overly vague laws being written to prevent it happening again, but causing other issues in the process.

    60. Re:It isn't very different by Ost99 · · Score: 1

      Usually you don't know what legal and illegal before it's been through the courts.

      A lot of the multinationals hide their net profits by buying "services" from sister companies located in tax havens. If these transactions are not real two-way transactions (for instance if the value of the service is zero or significantly lower than the price paid), this is no longer tax avoidance it's tax evasion and clearly morally wrong and illegal in most countries.

      --
      ---- Sig. gone.
    61. Re:It isn't very different by TubeSteak · · Score: 1

      If the government truly intended for companies to pay 21% tax on their revenues they would not have written deductions into the tax law for companies to take.

      These are not deductions that Google & friends are taking advantage of.
      It's called transfer pricing: https://en.wikipedia.org/wiki/Transfer_pricing

      If you dig through the Google News archive, you'll find articles on the subject going back a few years.
      Governments have become progressively less and less tolerant of the practice and it looks like they're finally ready to crack down.
      Nothing like a prolonged economic recession to finally get the tax man chasing after the big bucks.

      --
      [Fuck Beta]
      o0t!
    62. Re:It isn't very different by HungryHobo · · Score: 1

      I don't like it, I'd like the tax system to be fixed but I also believe in the rule of law.

      you want a nice dictator who will lock up the people you don't like whether they break the law or now.

      you want an autocrat who'll just decide that even if you were following the law to the letter that you're still guilty.

      http://en.wikipedia.org/wiki/Rule_of_man

      You accuse others of not thinking of the wider consequences but have you even considered the consequences of the disollution of the rule of law? of a government which doesn't keep it's word and doesn't back it's guarantees.

    63. Re:It isn't very different by HornWumpus · · Score: 1

      Tell me what you understand about 'arms length transactions'? Full stop.

      Name one retroactive law that passed court challenges?

      Moron.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    64. Re:It isn't very different by drsmithy · · Score: 1

      So, I take it you are in favor of the Flat Tax?

      So long as it's a flat tax on assets.

    65. Re:It isn't very different by Attila+Dimedici · · Score: 1

      How often do you intend to tax assets?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    66. Re:It isn't very different by Xest · · Score: 3, Informative

      If you can stop with the tears and name calling for just a moment, you'll find plenty here:

      http://en.wikipedia.org/wiki/Ex_post_facto_law#United_States

    67. Re:It isn't very different by Anonymous Coward · · Score: 0

      You are apparently unaware that most versions of the Flat Tax propose that there be a single deduction for each taxpayer that would be set at some level based on the Poverty Line. So, one could calculate how much it costs to provide the "necessities" and set the deductions some amount above that, thus making it so that people do not pay taxes on necessities. This would be a fair tax and would in all probability result in the wealthy paying more than they do now, since there would be no additional deductions for them to use to reduce their taxable income so that they do not actually owe that high marginal tax rate that everyone is so anxious to see passed.

      Why do you call it "fair" if you expect the wealthy to ("probably") have higher effective tax rates than in our progressive tax system now? We could simply remove some deductions, and keep the progressive system... I don't understand why you are trying to sell a flat marginal tax rate then tease people with "MAAAAAAYBE" rich people's effective tax rate will go up!!1. It's creepy.

      Which part is the fairer part of your "fair" tax, raising the marginal rate on lower income brackets or removing deductions on higher incomes? It doesn't make sense what you are trying to sell the public as "fair" when you start tossing out probablies about effective tax rates. Who's effective rates are expected to go up or down, that's what I want to do. Fair schmair, why is changing the marginal tax rates needed?

    68. Re:It isn't very different by Xest · · Score: 1

      For what it's worth, in the UK at least, the UK companies have already had somewhat of a hounding and many cases involving UK companies are currently still going through the courts.

      This latest tranche seems to be because US companies are the next biggest problem, and also Apple is one of the companies included though I agree about Microsoft - I'm sure they're just as bad but they don't seem to have been named as a culprit. Amazon seems to have been the worst, paying literally nothing in corporation tax on £7bn, Google has paid a very small amount and Starbucks has been singled out because one of it's main competitors in the UK, Costa Coffee, has been paying not just the full amount of corporation tax, but all other due taxes too to the tune of around 30% of it's revenue in tax IIRC.

      As such I don't think it's about finger pointing, this has been an ongoing issue since this government came to power and has been a measure that's been pursued alongside spending cuts, tax increases and so forth as it's been as much part of the governments deficit reduction strategy as those other elements have. Maybe the issue is different in France and Australia, but I don't think so - I think all governments are targetting tax avoidance as much as they are other deficit reduction strategies and that's why this has come about.

    69. Re:It isn't very different by LynnwoodRooster · · Score: 1

      It doesn't matter either way. Here in the UK for example the government has a corporate tax rate of something like 21%, yet Amazon paid no corporation tax on £7bn worth of sales.

      It doesn't matter how they managed to do it, the point is the intention is clearly that they pay 21% of that in tax so the government has every right to collect that from them retroactively even if it means they technically did nothing wrong at the time.

      I see... So the Government sets up rules. Amazon plays by those rules. Then the Government can retroactively declare the rules don't matter any more and still take what they want. That's a brilliant way to run a nation - you'd make Mugabe proud!

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    70. Re:It isn't very different by Dishevel · · Score: 0

      Every time they want more money.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    71. Re:It isn't very different by drinkypoo · · Score: 1

      I pay pretty heftily myself sitting here in California.
      I can say that as I look out into the room in front of me I see people who pay less than 0 net income tax.

      If you don't like it, get politically involved. We need welfare reform of the kind where it's designed to help you get off welfare, not to keep you on it. Not to drop you in the street either, that just causes different kinds of problems.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    72. Re:It isn't very different by gbjbaanb · · Score: 1

      the letter of the law is often just vague enough that one man's "pay tax based on your headquarters country" which was intended that companies with multiple locations pay tax on the country their main one was based becomes "headquarters is registered as a PO Box in a country with no tax", which *might* be perfectly legal according to the law, but that depends on the interpretation of what a headquarters is.

      This is why some tax avoidance schemes are not completely legal, the way to figure them out after they have been written down by the legislature is to go to court so a judge can interpret them and give a more definitive (or clearer) answer.

      Its rather like Apple patenting something, Samsung will take them to court to figure out if the patent is actually valid or not. You could say "but the patent was granted, therefore Samsung needs to pay up", or you could say "although its granted, a judge needs to review its validity". Not a perfect analogy, but you get the idea.

    73. Re:It isn't very different by AF_Cheddar_Head · · Score: 1

      An Example for you:

      Not related to taxes but an example of how a corporation may artificially shift costs to enable the appearance of a loss in a certain instance:

      The Ricks family which owns both the Chicago Cubs and Wrigley Field but as separate corporations charges the Cubs approximately three times what any other stadium charges the tenant baseball team. The Cubs then show a loss despite record attendance and the Ricks family/MLB get to claim to the players union that they are losing money.

      The Tribune company used to do the same thing by having WGN pay the lowest rights fees for any major market to broadcast the Cubs, making it look like the Cubs lose money.

      Bain Capital did the same thing by taking over a company, paying outrageous fees to Bain, then using the fees paid to Bain to justify bankruptcy and defaulting on millions of dollars worth of loans.

      Bottom line: There exists hundreds of ways to shift costs legally that are definitely not moral and allow the corporation to tell whatever story is necessary to avoid taxes or show losses in a particular jurisdiction.

    74. Re:It isn't very different by Anonymous Coward · · Score: 0

      would in all probability result in the wealthy paying more now than they do

      When left to chance, the (political) house usually comes out on top. I'd rather see a plan that was sure to see wealthy individuals and multinationals pay their fair share.

    75. Re:It isn't very different by AF_Cheddar_Head · · Score: 1

      Yep, Mcafee choose to live in Belize, nice not to have to pay any taxes, but now he is suffering the consequences of that decision.

      The Sig line: Taxes, the price of civilization. Just about says it all.

    76. Re:It isn't very different by Slime-dogg · · Score: 1

      If you don't know this, perhaps it says more about *your* ignorance of the law.

      FTFY. It's not a language issue, it's a law issue. "Evasion" has a connotation within the boundaries of US law, whereas "Avoidance" does not. They mean the same exact thing, however.

      --
      You need to restart your computer. Hold down the Power button for several seconds or press the Restart button.
    77. Re:It isn't very different by Citizen+of+Earth · · Score: 1

      I use more public services than a minimum wage worker, for instance I use the roads a lot more.

      But do you individually use public services a THOUSAND times more than a minimum-wager? Or a MILLION times more?

    78. Re:It isn't very different by Derekloffin · · Score: 1

      Yeah, the only problem with that is, one can't calculate the costs to provide the necessities, because what is necessary can vary from person to person, and even if it didn't, the cost of said necessities varies both over the course of a year, and geographically (housing in particular can vary by huge amounts depending on the city). In fact the whole convoluted tax system is based around acknowledging this (things like tax credits for kids, that's an acknowledgement that providing for a child is a necessity that varies between people) so the pressure is to go right back to the current system.

    79. Re:It isn't very different by Sique · · Score: 1

      If you don't like the "take it or leave" it, let me elaborate. I'm using Jean-Jacques Rousseau's model of the social contract, but there are other models basicly coming to the same conclusion. Your sole existance is a restriction of the freedom of others. Where you sit, no one else can sit. What belongs to you, no one else can take. What you have eaten, limits the choice of food for others. The presence of your face limits the places other peoples fist can be, and your body restricts the freedom of me to put my knife there. Where your house is, others can't built a road, and where you go, others have to take care not to bump into you. So either you have to get out of everyone else's way, living in solitary far away from civilisation (in which case you really wouldn't have to pay any taxes until you restrict other people's undisturbed view of the landscape), or you have to negotiate with everyone about how much you can restrict their freedom. This negotiations are burdensome and complex, thus people have drawn some standard contracts most people can agree on. You can buy into this contract by paying taxes, or you can refuse this contract, making you an outcast and outlaw. Because now no one is restricted in the way to handle you, in general everyone can molest you, rob you or kill you -- because you didn't buy into the contract, others are not bound either by the contract regarding to you too. Luckily for you, most of today's social contracts restrict other's ability to harm you even though you didn't buy into the social contract, but it doesn't need to be that way, and it hasn't been for most of known history. This extended social contract is the only reason why you can falsely believe that taxes are robbed from you - even if you leech from society's social contract by not paying taxes, others won't do you much harm. If you had lived in the Middle Ages, and the ban of the Empire would have been put on you, effectively canceling your social contract, others actually could molest you, rob you and kill you completely unrestricted. You would have to renegiotiate with everyone coming your way not to do so, either by begging them, buying you out, or by fighting them. Remember, in general you are a disturbance for everyone else, and it's only the social contract hindering us not to remove everyone getting in our way, including you, the non-taxpayer. And not everyone is ready to renegotiate with you. There is a known social contract, and it's not his problem you didn't buy into it. And you are living in a democracy, meaning you can even participate everytime at will in the renegotiations of the social contract. The contract currently offered to you doesn't need to stay that way, you don't need to renegotiate with everyone individually to actually change it to better fit your needs. But still, in the end you have to pay for your restrictions of other people's freedom. The right to get into other people's way has to be paid for.

      --
      .sig: Sique *sigh*
    80. Re:It isn't very different by Anonymous Coward · · Score: 0

      The problem here is that they're playing within the rules set out by the lawmakers. It doesn't matter if it's a "loophole" or whatever - they're still entirely within the rules and it's legal. (I am, of course, assuming at this point that it's a simple case of structuring the company/assets/revenue in such a way that it minimises its tax implications /legally/).

      What you're effectively saying is "well, it doesn't matter if you never crossed the well-defined line, because you broke the /spirit/ of what the line was representing, and you crossed that"; the problem with this is that if you can't trust the well-defined line as the crossing point between being legal and being illegal, then what's the use of having the line in the first place? The solution is not to have some arbitrary "judge" determine whether such an activity is lawful or unlawful without any respect for the current set of laws. The solution is to change the rules to redefine where that line is.

      Remember folks - corporations have a duty to their shareholders to maximise revenue. If they don't, they open themselves up to a whole set of liabilities.

    81. Re:It isn't very different by Anonymous Coward · · Score: 0

      You're right, "evade" and "avoid" have two different legal connotations, however "evade" and "avoid" have two different meanings even in common parlance, my friend. You can "avoid" an obstacle whether it is passive or active; you "evade" an obstacle that is actively seeking you (whether through intelligent action or an anthropological construct.)

      You avoid a pothole while driving your car. You don't evade a pothole unless you're being silly and claiming they're out to get you.

    82. Re:It isn't very different by dropadrop · · Score: 1

      As mentioned, the reason they did not pay tax is that they told the tax authorities they had huge losses. This was a lie, as can be verified from what they told their investers, meaning they are actually due for the taxes. If the only reason you are not paying is a lie, then how can you talk about following the law? If you kill somebody, claim not to have done it and still describe the act to others you will be charged even if there is no physical evidence...

    83. Re:It isn't very different by Anonymous Coward · · Score: 1

      The poor here have 2 cars and a big screen TV hooked up to their Xbox. Fuck em.

      With a family of 5 living in a 2 bedroom house that they're probably renting. Two old clunkers they bought for $500 a pop over 10 years and a big screen TV they bought at a garage sale 5 years ago for $250 after someone else upgraded to the latest model.

      In your world, you'd put those people out on the street. Take the last 2 cents from their purses so you can reduce your tax payable by 0.001%. And very likely put them in prison for stealing a loaf of bread. Those bastards should be working triple shifts, not watching TV and relaxing at home with their families.

      On the bright side you can then pay your taxes for more hard working prison guards instead. Why pay $10,000 per person per year in welfare when you can pay $30,000+ p/p p/a to a prison corporation. At least hard working shareholders in the prison supply chain get to reap the benefits that way.

      What a guy! Where do I subscribe to your newsletter?

    84. Re:It isn't very different by dropadrop · · Score: 1

      For the record, I believe that tax avoidance is at least morally wrong,...

      So, I take it that you do not take any deductions when you file your taxes?

      I do if I'm really due those deductions. I won't lie about my income to gain deductions though, and this is what's happening here. The companies will be claiming huge losses to tax authorities and record earnings to their investors. It's not about "following the law", it's pure lying and cheating and has nothing to do with normal tax deductions.

    85. Re:It isn't very different by Anonymous Coward · · Score: 0

      Amazon is being unfairly singled out here because they aren't a big dog in the government yet. PLENTY of corporations use tax evasion/tax avoidance to keep the red numbers low, but most of them have a lot of political/financial power and so never get called out by the legislative branch.

    86. Re:It isn't very different by Attila+Dimedici · · Score: 1

      If it is pure lying and cheating, as you say, it is no longer tax avoidance, but tax evasion, which is (and ought to be) a crime. Tax avoidance (as the term is generally used) refers to structuring your business and other dealings so as to minimize the amount of taxes that are owed. There are circumstances where a company can claim both high earnings to their investors and losses on their tax filings because of the way that the tax law is written. In most cases, this is evidence of badly written tax laws, not of criminal behavior on the part of the business.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    87. Re:It isn't very different by drinkypoo · · Score: 1

      But do you individually use public services a THOUSAND times more than a minimum-wager? Or a MILLION times more?

      It's more about how much post-survival benefit you're deriving, to me. And someone who is fairly well off may well be deriving more than a thousand times more benefit from the system than someone who qualifies for general assistance. Remember, if you profit within the system, then you should pay your share of the system's maintenance. The more you profit, the more you have to lose, and the less actual need you have for each dollar. You still bring home more money if you "earn" more money, and by the way, a lot of other people made it possible for you to do that, and you're not directly compensating them. Therefore it makes sense whether you're talking about paying your dues or maintaining society in a state that doesn't involve torches and pitchforks at your gate.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    88. Re:It isn't very different by drinkypoo · · Score: 1

      what you see as a "fair tax" most people see as unfair

      [citation needed]

      You made a choice not to understand our economic situation and you spew out emotional words such as fair, just, deserve without proposing a viable solution

      [citation needed]

      (There's nothing non-viable about a progressive tax scheme, which worked fine in this country until the tax code was abused.)

      If it is unfair that corporations deduct the cost of doing business from their revenue that the same rule should apply to individuals, no deductions of expenses either

      That, sir, is a lot of shit. There is no reason why the same rules should apply to individuals, who are real, and corporations, who are legal constructs: figments of our collective imagination. They only exist because we act as if they exist. Therefore there is ample reason to treat them differently from people.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    89. Re:It isn't very different by Anonymous Coward · · Score: 0

      You can get more than you pay in as a tax refund? Then it's not exactly a refund. Can cite a source that I can look at to see how that would work?

    90. Re:It isn't very different by Anonymous Coward · · Score: 0

      I should ask first, which "Flat Tax" is being referred to? There have been proposals for flat income tax. Past couple years when talking about a "Flat Tax" they've been proposing a flat sales tax. I'm skeptical of the first, if you're being paid $50 million per year, only being left with $24.5 million per year isn't going to be much of a hardship. Meanwhile, sales tax hits the poor much harder, since people with more money start tend to spend more money on services, which aren't taxed. Then there are massive differences on the items being exempted, food is common, but in California clothing is taxed, while in Massachusetts clothing is exempted, while Oregon doesn't have sales tax.

      Then there are regional differences. The poverty line in Los Angeles or the SF Bay Area is much higher than Eugene, OR.

    91. Re:It isn't very different by tendrousbeastie · · Score: 1

      So, either accept something that's wrong or leave? They are your options?

      Well done.

    92. Re:It isn't very different by Anonymous Coward · · Score: 0

      It is a child tax credit.

    93. Re:It isn't very different by drsmithy · · Score: 1

      How often do you intend to tax assets?

      How often do you intend to tax income ?

    94. Re:It isn't very different by Kalriath · · Score: 1

      Corporate taxes are not based on revenue. They are usually based on the difference between revenue and cost. It would be hell to live in a world where we had to obey the 'intention' of the law rather than the law itself.

      You just described New Zealand's tax law. When the IRD (Inland Revenue Department) presses charges against someone for tax evasion, they often use parliamentary intent to justify why an action which is actually technically legal is illegal. The tax department essentially goes into court, says "clearly, this is what parliament intended when drafting this law", then upon winning the case set the investigators scouring the country looking for others who did the same thing.

      And they often retroactively apply these "bulletins" over periods considerably greater than the record-keeping requirement so you have no defence.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    95. Re:It isn't very different by Kalriath · · Score: 1

      Then go move to Somalia, where the government doesn't tax you and they offer you no essential services. The first time a warlord steals all your possessions and rapes your family I'm sure you'll be crying for government intervention.

      Asserting that you owe nothing to the society that sets and enforces the laws that keep you safe, puts out the fire that threatens your life and possessions, and pays for you to survive when your employer slashes their workforce in half is patent bullshit of the highest calibre.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    96. Re:It isn't very different by Kalriath · · Score: 1

      No, mod GP down tinfoil hat insane. The assertion that everything a government does is immoral is patent bullshit.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    97. Re:It isn't very different by Attila+Dimedici · · Score: 1

      Currently, I do not know of a government that taxes income more than once (well, OK, some people argue that some forms of taxation are double or triple taxation of income, but that is a matter of interpretation--not that I necessarily disagree with them, just that the theory is that it is only taxed once). I am curious what you intend to do for government revenue the second year?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    98. Re:It isn't very different by aXis100 · · Score: 1

      Compliant or not, creatively making up shell companies that shuffle money to tax havens and invent virtual losses is against both the spirit of the law, and is detrimental to society.

      Google and others make heavy use of public infrastructure that was provided though taxes (my taxes!!!!), all whilst raking in massive profits. To use those and then skip out on paying their fair share is selfish and immoral, so the sooner these loopholes are closed the better.

      This ties in well with the previous article about corporate sociopaths. Fuckers.

    99. Re:It isn't very different by Anonymous Coward · · Score: 0

      I wish the US would crack down on avoidance schemes. The issue in the UK just might be where the sales were actually made. If the sale was made outside the UK and the UK wants taxes on it then we might see a real cascade of international events.

    100. Re:It isn't very different by davester666 · · Score: 1

      And now those companies have states and cities bidding for the 'privilege' of having an office/building/server room in area, even paying those companies, just with the hope that the net result is economically positive for the area.

      Of course, this is only for big companies, because they are the only ones that can 'make a difference'.

      --
      Sleep your way to a whiter smile...date a dentist!
    101. Re:It isn't very different by drsmithy · · Score: 1

      I am curious what you intend to do for government revenue the second year?

      The same thing as the first year.
      (Amazing how this "fair tax" concept suddenly becomes unfair when it's the rich who are disproportionately affected rather than the poor.)

    102. Re:It isn't very different by Attila+Dimedici · · Score: 1

      So, you are going to tax farms out of existence. Your tax will not effect the truly wealthy, few of their assets will be in the jurisdiction that implements such a tax.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    103. Re:It isn't very different by drsmithy · · Score: 1

      So, you are going to tax farms out of existence.

      Only if they're not profitable. Isn't that how the free market should work anyway ?
      Don't worry yourself though. Farms would be subsidised (or tax-exempted) sufficiently, just like they are today.

      Your tax will not effect the truly wealthy, few of their assets will be in the jurisdiction that implements such a tax.

      As opposed to their incomes ?

    104. Re:It isn't very different by leereyno · · Score: 1

      Giving money to the government should not be seen as a civil virtue, but as a destructive activity. It empowers bureaucrats, rent seekers, and other such parasites while simultaneously reducing the wealth that can be re-invested into productive activities.

      Those who thirst for your tax dollars do so because they are unable or unwilling to actually produce something of value themselves. Without coercive extraction of wealth by the state, which they maneuver into position to dip into, they'd starve.

      Given the choice between giving 1 dollar to the state, and burning 2 dollars in an open pit, I'd choose the latter every single time.

      --
      Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    105. Re:It isn't very different by leereyno · · Score: 1

      I'm a hell of a lot more concerned about government SPENDING.

      If the US federal government were constitutionally required to balance its books instead of stealing money from future generations in the form of public debt, taxes would be LOW and spending would be constrained to the revenue on hand, preventing most of the socially destructive expenditures of the past 50 years.

      Australia is of course another country, but the principle remains valid.

      --
      Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    106. Re:It isn't very different by leereyno · · Score: 1

      The taxation of INCOME is the problem.

      A flat tax on CONSUMPTION (other than food and other necessities) is a much better way to go.

      Of course all discussions of tax reform are futile without a constitutional requirement that the federal government actually balance its books. As long as politicians continue to steal money from future generations (public debt) in order to purchase votes through "entitlements" and other such schemes, the government will always find a way to WASTE and squander whatever tax revenues are generated, regardless of how they are collected.

      Pass a balanced budget amendment, then we can talk about who gets to pay what though which means. Till then, it's all bullshit.

      --
      Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    107. Re:It isn't very different by Anonymous Coward · · Score: 0

      Whoa, hang on. So you want to reclaim tax that was avoided by not following the 'spirit' of taxation laws - but you cant do that because there is a law saying you cant apply a law retroactively. So you write a new one to get around this.

      Isnt that avoiding the 'spirit' of article 1, s9-10?

    108. Re:It isn't very different by gnasher719 · · Score: 1

      If laws can be applied retroactively, they are not laws. When you apply laws retroactively, you are saying, "Yesterday, when you did that it was legal, but today we made it illegal, so we are going to punish you."

      On the other hand, if a government does that, and the people in the country agree with it, then what is Amazon going to do?

      And this is tax law. It's not "what you did was legal, and now we declare it legal". It's "everyone is supposed to pay a fair amount of taxes. We set up rules to calculate, as best as we could, the amount of fair taxes for everyone. You managed to set up things so that the taxes calculated by our rules were very much less than the fair amount of taxes. Now we fix this, and since you didn't pay a fair amount of taxes in the past, we fix it retroactively".

    109. Re:It isn't very different by HungryHobo · · Score: 1

      if it's an actual lie or fraud, then it's evasion and is not relevant to this discussion.

      if on the other hand it's just running a company in such a manner so as your profits are made elsewhere then that's a different matter.

      if there are 2 companies, CompanyName UK and CompanyName Spain and CompanyName UK makes all the items and sells them to CompanyName Spain at full price without a discount then the spain branch makes very little in profit in spain. CompanyName Spain isn't telling a lie when they say CompanyName Spain didn't make a profit.

      on the other hand CompanyName UK makes a good profit selling to the spain wing without any bulk discount or other discounts.

      that's not like killing someone. it's hard to even write a tax code which outlaws similar things without coming up with a tax code which is also insane.

      it's not lack of evidence about this. they're quite transparent. what they're doing is simply not illegal. they don't have to hide it. indeed it's better for them if what they've done is clear to the authorities.

    110. Re:It isn't very different by Attila+Dimedici · · Score: 1
      It still amounts to the same thing. It means that businesses are unable to calculate what their tax burden at any given time will be, because the government has reserved the right to change the rules at any time AND apply those changes retroactively.

      It's "everyone is supposed to pay a fair amount of taxes. We set up rules to calculate, as best as we could, the amount of fair taxes for everyone. You managed to set up things so that the taxes calculated by our rules were very much less than the fair amount of taxes. Now we fix this, and since you didn't pay a fair amount of taxes in the past, we fix it retroactively".

      What that amounts to is the government saying, "You have money that we want, so we are going to take it. We will invent a reason that we can sell to the populace to make them think that we won't do the same thing to them."

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    111. Re:It isn't very different by Muad'Dave · · Score: 1

      Your link declares "Retroactive taxes are not ex post facto laws. Substantive due-process challenges to retroactive tax laws are given rational-basis review per the decision in the case of United States v. Carlton." I disagree. If H&R Block and TurboTax have to wait until January to finalize their tax software because congress hasn't finalized the laws that apply to money I earned up to 12 months ago (and was taxed on at the then-lawful rate), then I call shenanigans. That's an ex post facto law.

      --
      Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
    112. Re:It isn't very different by Muad'Dave · · Score: 1

      Granted, you probably cannot tax gross profits. That would be terribly unfair ...

      As a mere citizen, the US Government taxes my gross profits (income). Why do corporations deserve better treatment that I get?

      --
      Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
    113. Re:It isn't very different by Runaway1956 · · Score: 1

      Gross profits aren't profits, nor are they income.

      I'm making - ohhhh - dolls.

      It costs me m to purchase the plastic bodies.
      It costs me n to purchase the paint.
      It costs o to purchase the hair.
      It cost p to purchase the clothes.
      It costs q for labor
      It cost r for plant and equipment.

      I sell my dolls to distributors for $S, which may or may not look like a lot of money. But, S is not my profit, nor my income. S is nothing more than liquid cash flow - and it's not all that very liquid. From S, I must deduct m, n, o, p, q, r, and s to determine my net profit - which is taxable. If I fail to allot that money back into the various expenses, I'll be out of business within weeks.

      I could dummy it down a little more, or I could find some business accounting books to reference, but you should have the idea here.

      And, BTW - Uncle does NOT tax your gross profits. There are a myriad benefits (like social security and insurance, 401K) that Uncle doesn't tax. There are per diem pays that are not taxed, or taxed at much lower rates. Itemized returns allow you to deduct from taxable income any tools, clothing, equipment, personal protection gear, transportation expenses. You are taxed on your NET INCOME. If you fail to make deductions, that doesn't mean that businesses should also pay taxes on gross income.

      In short, you don't understand what gross income is, or net income.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    114. Re:It isn't very different by HungryHobo · · Score: 1

      " taxes would be LOW "

      you mean 94% of their current level?

  4. Imaginary property by Anonymous Coward · · Score: 1

    this is a fairly simple story of the risk of treating restrictions on freedom of speech as property. if you have to shift screws around the world to evade taxes it costs real money and the tax authorities can easily see if the value is wrong. When it comes to Google's trademark the value is whatever someone is willing to pay. Something that Google happily and legally adjusts to get the best tax benefit. They also don't need to do anything to make the sale to themselves.

    Simply stop tax deductions for "intellectual property" whilst charging corporation tax in the place where the customer lives and this would go away.

    1. Re:Imaginary property by Anonymous Coward · · Score: 0

      if you tax in the place the customer lives, as opposed to where the server lives then...
      you've just made sure that you need to know the tax law of every country on earth to run a webshop
      which means you've just killed every small-time webshop that sells with international shipping (digitally or through ups/fedex/regular post).

      This is NOT a good thing.

  5. Re:tax minimisation by Walterk · · Score: 1

    Depends on one's definition of fair. If all multi-national companies in the UK paid the tax they are supposed to*, the UK deficit would vanish. That in turn means benefits for the poor wouldn't need to be cut, nor a squeeze on the health care system, education, investment in science wouldn't need to be reduced. Hey, and maybe everyone could pay fewer taxes if everyone paid what they ought to.

    *: By this I mean the corporation tax based on their profit margin as reported to their investors and their regional sales.

  6. Fuck that... by Anonymous Coward · · Score: 0

    Fuck that, I personally paid more than $75k in tax last year and I sure as hell didn't have revenues anywhere near $1B.

    1. Re:Fuck that... by Anonymous Coward · · Score: 0

      yeah, the government succesfully robbed you blind, how dare the more powerfull multinationals avoid being robbed as much as they can!

      here's the simple truth: anybody pays as little tax as they can get away with. That's true for the little guys, and it's true for the big guys. The big guys just tend to be more succesfull at the endeavor as they can target more effort toward that goal.

      Here's another ugly truth: governments worldwide are fundamentally irresponsible in how they handle money, governement spending more then they have coming in is the rule not the exception. It doesn't matter how much money you give government they will always find a way to spend more, and then use that as an excuse to take even more of your hard-earned money. Don't believe, then check the historical record of your country, it's true for all of europe and northamerica with the exception of Norway (oilfields) and Bulgaria (no idea why).

  7. Re:Avoidance != Evasion by clickclickdrone · · Score: 4, Insightful

    Good on any company for minimizing their tax liability.

    Even if that tax is used to provide healthcare, schools, roads and benefits for those on low wages or unable to work? Or does that crazy idea make me a commie?

    --
    I want a list of atrocities done in your name - Recoil
  8. Re:tax minimisation by Anonymous Coward · · Score: 0

    Yes and the companies will simply pass the cost along to the consumer, including poor people.

  9. Do no evil, my ass by thetoadwarrior · · Score: 0, Redundant

    Good luck to France and Australia. I hope the gets tough and does something similar rather than just waste our money talking about their taxes.

    1. Re:Do no evil, my ass by Xest · · Score: 3, Informative

      Just to be clear it isn't only Google that's implicated in this, the summary is probably just a typical attempt at defaming just Google by the usual culprits (i.e. Microsoft shills). That's not to defend Google in this, there's no doubt they're in the wrong, but most well known US multi-nationals are guilty of the exact same thing - some even more so. In the UK the companies exposed for this have included Amazon, Apple, Starbucks, and many others.

    2. Re:Do no evil, my ass by GameboyRMH · · Score: 1

      In this case I don't think the submitter is a shill, he (or she) has submitted only Australia-related stories, including some are negative towards MS.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    3. Re:Do no evil, my ass by thetoadwarrior · · Score: 1

      I'm aware it's most if not all corporations but there is only one with a motto that strongly implies they should take the moral high road.

    4. Re:Do no evil, my ass by Anonymous Coward · · Score: 0

      Yep. Guilty. Of having their accountants do their job to reduce the tax expenses to as low as legally possible. Got a problem with that? Change the law.

  10. Re:tax minimisation by Attila+Dimedici · · Score: 2

    If all multi-national companies in the UK paid the tax they are supposed to*...

    What you mean by that is that they should not take the deductions that the UK government has written into its tax code. It seems perfectly fair to me for a company to take advantage of every tax deduction it is legally eligible for. Now whether or not those deductions should exist is another question entirely, but the people to hold responsible for that are the members of Parliament who voted for those deductions in the first place (or failed to vote to eliminate them).

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  11. Re:Avoidance != Evasion by Attila+Dimedici · · Score: 0

    So, do you not take the deductions you are eligible for? Or are you a hypocrite?

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  12. Re:Avoidance != Evasion by clickclickdrone · · Score: 2

    I pay 40% tax plus National Insurance. I also used to work freelance and yes, deducted reasonable expenses. I did not claim for stuff that wasn't directly related to my work so no, not really a hypocrite. Being crazy, I tend to think of the wider picture, not just myself.

    --
    I want a list of atrocities done in your name - Recoil
  13. Hungary by Anonymous Coward · · Score: 0

    We proud hungarians would also like to have our share of this Great Internet Money you talk about. Our 1000 year old history surely puts us way ahead in tax collection rights from big faceless international corporations.

    1. Re:Hungary by Elbart · · Score: 1

      The only thing Hungarians need is to get their asses kicked for turning fascist. "Internet Money" is way down the to-do-list.

  14. Re:Avoidance != Evasion by HungryHobo · · Score: 1

    "I also used to work freelance and yes, deducted reasonable expenses."

    So you avoided taxes.

  15. Re:Avoidance != Evasion by clickclickdrone · · Score: 3, Insightful

    So you avoided taxes.

    Yep, from 40% to about 35%. Not quite the same as reducing it to 0.0007% is it? it's the sheer scale that people object to. Is that so hard to understand?

    --
    I want a list of atrocities done in your name - Recoil
  16. Tax incidence by Anonymous Coward · · Score: 0

    Tax 'paid' by corporations isn't paid out of some magic free money pot. It is paid by a combination of their employees, customers and shareholders (frequently pension funds). In addition, we are talking here about tax on profits. Google will have paid plenty of tax on its employees salaries, as well as business rates, VAT etc.

    1. Re:Tax incidence by clickclickdrone · · Score: 3, Insightful

      Google will have paid plenty of tax on its employees salaries,

      Nice try. Google's employees pay tax on their salaries, not Google.

      --
      I want a list of atrocities done in your name - Recoil
    2. Re:Tax incidence by Anonymous Coward · · Score: 1

      In the Uk we have Employers National Insurance. This tax is theoretically paid by companies (really by employees). It is almost impossible to avoid unless your employees are all one person companies themselves

    3. Re:Tax incidence by clickclickdrone · · Score: 1

      In the Uk we have Employers National Insurance

      Fair point.

      --
      I want a list of atrocities done in your name - Recoil
    4. Re:Tax incidence by Anonymous Coward · · Score: 0

      In the US, if you're a w2 employee your employer has to match your ssa, fica, and medicare payments.

    5. Re:Tax incidence by Anonymous Coward · · Score: 0

      Unless things have changed since i stopped caring about this stuff (8 years), Australia has payroll tax....if you spend more than X amount of dollars on employment then you pay a tax......it pretty much defined the difference between small to medium business. Sub-contracting and outsourcing avoided some of it but encouraged LOTS of smaller businesses rather than growing the Medium business base. Nowadays too many big businesses are in play and are causing fundamental issues by expoiting laws that were not designed for Big Business. We are a fair way down the path to losing all medium business and being forced into Big or Small. Big being franchised or small being restricted to niche or limited size. Once you get on big buiness's radar you get bought or squeezed out of the market.

      Woolies and coles for instance are now in the Petrol game.....the Australian controlling bodies can't do much about it because they don't have a monopoly....they only own 35% of the petrol stations between them. The problem is that they do 75% of the petrol trade and have cherry picked the stations.

      It isnt related directly to tax but the tax base in Australia in particular is being erroded while our spending is increasing. GST over here is 10%....if they are not paying 10% then they are avoiding tax. If they are avoiding tax through methods which do not benefit the country the tax was meant to be payed they are doing it wrong and should be punished by at least being audited and getting the loopholes corrected for the following year/s. Unfortunately capitolism and democracy don't work in tandem and effectively its a war between governement control and Private bodies.

      The current issue with the US dollar being over parity is a massive issue. Our economy is about to spiral, Small to medium businesses which depend on international based prices are failing. Some aspects adjust like the meat industry whom are squeezing the aussie farmers down to keep trade going.....lamb is 50% the price it was last year at the stockyard where steel and ore is at about the same price. Mining is propping up our economy and pretty much all manufacturing is failing.....almost anything that can be done overseas is being looked at.

      FYI We import Icypoles from China.....frozen water with flavouring in a wax paper envelope is cheaper to bring in via boat running compressors than it is to make them in Australia. Having a working tax system is the first part of correcting the economy.....Romney and Obama both know that and wanted to make changes, different changes but they knew it was broken and both specifically were talking about middle class faminlies who are basically top end small business or low end Big business...middle business doesn't really exist anymore,

    6. Re:Tax incidence by Anonymous Coward · · Score: 0

      The people Google employs exist without Google. The payroll tax revenues from Google's employment of those people.. not so much.

      It is no more valid to say that "Google's employees" pay that tax than it is to say that Google itself pays that tax. That tax can occur only because both the company and the person are in an employer/employee relationship.

    7. Re:Tax incidence by Anonymous Coward · · Score: 0

      NI is capped for the employer. It doesn't matter if you earn 50k or 1m a year, the company's NI contribution will be the same. Low paid positions don't even incur NI payments for both employee and employer.

      The company does not pay employee %age tax like the US Fed system. The employee takes the full hit.

    8. Re:Tax incidence by HornWumpus · · Score: 1

      Getting China to stop manipulating their currency is the first step to putting the world economy right.

      The peg is allowing the USA to run deficits that would have wrecked the dollar otherwise.

      The basic problem is the people who run China own factories. They set their exchange rate to target a 100% industrial utilization. Who cares what that does to the rest of China or their trading partners.

      This kind of simple minded economic metric will bite the world in the ass. What's the point of stalling the first worlds middle class and building a middle class in India and China, if it's all going to fall over. The sooner the currency floats the smaller the shock will be.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    9. Re:Tax incidence by Anonymous Coward · · Score: 0

      HELLO, payroll tax.

    10. Re:Tax incidence by Anonymous Coward · · Score: 0

      Google will have paid plenty of tax on its employees salaries,

      Nice try. Google's employees pay tax on their salaries, not Google.

      Say your most of your income, as in greater then 95%, is in the form of salary/wages from a company. Then it can easily be argued that the company pays your taxes. If you didn't have salary you would have no income to pay taxes, and no taxes to pay.

      If personal income tax is lower then companies can pay less money to employees, because relative income will be the same. If a person works for multiple companies, self employed, rent seeks, has significant investment capitol or some fix of then it is more correct to say this person pays their tax.

      If you are arguing that this is not the right way to think about it, sure.

  17. Re:Avoidance != Evasion by Eightbitgnosis · · Score: 1

    Commie? Can't say

    At the very least I'd imagine it makes you a poor tax account though

  18. Has anyone here ever paid more taxes than they owe by Eightbitgnosis · · Score: 2

    Why would you expect a company to pay more than they have to when individuals do not?

  19. Re:Has anyone here ever paid more taxes than they by xlsior · · Score: 1

    Why would you expect a company to pay more than they have to when individuals do not?

    Most individuals don't funnel their money through foreign tax shelters.

  20. Re:Avoidance != Evasion by HungryHobo · · Score: 2

    then change the law.

    I'm 100% in favor of making such schemes harder.

    what you don't seem to be paying attention to is that most of these are signed off on by the local countries tax authorities.

    if one of your friends was a good accountant/lawyer who showed you how you could have cut your tax bill to, say 20% you wouldn't have done it?

    it's as immoral as buying your grocery shopping for 1 cent when the supermarket offers to sell it to you for 1 cent and the owner of the supermarket has reviewed your shopping and agreed that he's ok with selling it to you for 1 cent.

    him offering you an insanely good deal doens't make you an immoral person.

  21. Re:Avoidance != Evasion by Anonymous Coward · · Score: 0

    In other words, is their contribution to the local segment of civilization a net positive for all beings subscribed to it's gaze?

  22. Payroll tax. by Anonymous Coward · · Score: 0

    Companies are obliged to pay something called "payroll tax", which is linked to the salaries of the workers but separate to the income tax that is taken out of employees' pay.

    http://en.wikipedia.org/wiki/Payroll_tax

  23. Re:Avoidance != Evasion by Anonymous Coward · · Score: 0

    You stole 5% from poor and needy people. Go fuck yourself you thieving greedy bastard.

  24. Re:Has anyone here ever paid more taxes than they by hcs_$reboot · · Score: 1

    Has anyone here ever paid more taxes than they owe

    Probably not. But while paying 75k out of a 1B revenue is probably/certainly legal... that shows there is a problem with nowadays local and international laws / rules. The problem is that most of our economy rules are based on a system designed long ago, from a time where a man in a company did matter.

    --
    Slashdot, fix the reply notifications... You won't get away with it...
  25. Re:Avoidance != Evasion by Anonymous Coward · · Score: 0

    Actually it does, if you get your shopping for 1c, if you think about it for even half a second it's not hard to realise that someone somewhere is getting screwed over, and, unless the supermarket has made an error and is absorbing it themselves, it's usually the farmers.

  26. Google is an internet company by Hentes · · Score: 1

    They don't need to be in every country in the world. If their taxes go up, they can just as well decide to pack up and leave.

    1. Re:Google is an internet company by Anonymous Coward · · Score: 0

      OK then.

    2. Re:Google is an internet company by headcase88-2 · · Score: 1

      But the (unavoidable) taxes would have to be much much higher before they would do that. As long as they make an appreciable profit in a country after taxes and risk\opportunity costs, they have a responsibility to their shareholders to stay. They also have a responsibility to their shareholders to evade as much tax as possible as long as it is legal. National governments have a responsibility to their citizens to make sure everyone is paying their fair share; closing tax loopholes is part of that, and a complicated process.

    3. Re:Google is an internet company by Issarlk · · Score: 1

      Leave a country that earn them 1 billion? I think that wouldn't be in their best interest, I think they'll manage to survive somehow even if they have to actually pay taxes.

    4. Re:Google is an internet company by Attila+Dimedici · · Score: 1

      Apparently you do not realize that Google could probably make most of that 1 billion even if they did not have a physical presence in Australia.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    5. Re:Google is an internet company by Hentes · · Score: 1

      My point was that they don't need physical presence to earn profit from a country. The only thing they are there for is to lure local talent.

    6. Re:Google is an internet company by Alioth · · Score: 1

      In which case why do they bother having a physical presence in Australia? Clearly they derive benefit from doing so otherwise they wouldn't be doing it.

  27. Re:Avoidance != Evasion by FortuneoSarcasm · · Score: 1

    Good on any company for minimizing their tax liability.

    Even if that tax is used to provide healthcare, schools, roads and benefits for those on low wages or unable to work? Or does that crazy idea make me a commie?

    Actually, it's everyone. Our corporate Tax rate is 12.5% for trading income and 25% for non-trading income. That benefits our companies too.

  28. Tax need to be paid only once on every revenue by aglider · · Score: 1

    The point is whether Google issues invoices from the USA company or from the natcos. In the former case, it's OK they don't pay tax to other nations' governments. In the latter Google has been evading the tax.

    --
    Sent as ripples into the electromagnetic field. No single photon has been harmed in the process.
    1. Re:Tax need to be paid only once on every revenue by Anonymous Coward · · Score: 0

      You mean from the Irish company, right? Because Google sure as hell isn't paying all those taxes in the US.

    2. Re:Tax need to be paid only once on every revenue by aglider · · Score: 1

      As said, it depends upon the invoices Google has issued to Australian companies and users. If any.
      If they have been issued by "Google USA", the tax will go to the USA.
      If it is "Google Ireland", the tax need to go to the Ireland.
      There should also be some tax related to the import/export of goods and services, but this depends upon the trading treaty. If they have not issued any invoice at all, then the evasion is total.

      And, by the way, have you ever got any invoice from Skype or GoDaddy?

      --
      Sent as ripples into the electromagnetic field. No single photon has been harmed in the process.
    3. Re:Tax need to be paid only once on every revenue by Lanforod · · Score: 1

      Maybe what is needed is to force to every country that wants to fix this: a tax law to have a minimum mandatory tax rate (50% of corporate rate?) on all companies that must be paid regardless of how low they can make their taxes via loopholes. Base it off of a simple calculation of their expected national profit based on a ratio of their global profit to their national revenues / global revenues to prevent profit transferring to other countries? Would certainly discourage profit transferring.

    4. Re:Tax need to be paid only once on every revenue by Kalriath · · Score: 1

      Skype issues invoices from Skype Software SarL (Luxembourg - surprise!) if I'm not mistaken. Google issues invoices from Google Ireland. Anecdote of the day - my web host, Softlayer Technologies, just recently changed to issuing invoices via a Dutch holding company for everyone outside the US - a great way to save on taxes.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  29. Re:Avoidance != Evasion by HungryHobo · · Score: 1

    or that he's getting something else out of the deal.

    perhaps it's stock he can't shift and would have to pay to dump.

    perhaps you're a celebrity and he wants it to be seen that you shop there.

    perhaps he's just incompetent.

    and all 3 situations are common. they want the company in employing people more than they want a cut of their profits, they want some task done, they want prestige or the people writing the laws are just morons.

  30. Re:Has anyone here ever paid more taxes than they by Rockoon · · Score: 1

    No, they funnel their money through domestic tax shelters.

    Pretty much any 'fringe benefit' you get at work is not counted as gross income and thus not taxable from the employees perspective. At the same time the cost of these fringe benefits is tax deductible by the employer.

    Drive a company car? You are avoiding payroll taxes by accepting a portion of your income as reduced personal costs.
    Use the companies daycare? You are avoiding payroll taxes by accepting a portion of your income as reduced personal costs.
    Does your company provide food and/or beverages? You are avoiding payroll taxes by accepting a portion of your income as reduced personal costs.
    Does your company have a fitness center, or contract out for preferred rates at the local gym? You are avoiding payroll taxes by accepting a portion of your income as reduced personal costs.

    The fact is that individuals do not consider these benefits 'income' but they are, none-the-less, part of your compensation package and should be taxable under your fucked up sense of morality.

    --
    "His name was James Damore."
  31. Huge difference by DrYak · · Score: 2

    There's a practical difference (at least that's how it's defined in Switzerland - which is one of the possible tax avoidance place, although far less attractive than the ones in the summary).

    - One is *lying*, giving false information and not paying the taxes you're required by law to pay. You pretend you don't have money and try to hide it (in order not to pay taxes. But according to the law you should be paying taxes). This is illegal. A person or a company doing so should be persecuted.

    - The other is just shifting money around. You're absolutely honest and give any needed information out. You simply move the money to another place, where the tax happen to be lower than the first place. Once there, you openly collaborate with the local tax institution, declare all the money you have and pay all the taxes you're required to pay. It just happens that said taxes are lower than in the country of origin. But nothing is hidden, all money is openly accounted for. No one pretends anything false. This *IS LEGAL*. A person or a company doing so is just cleverly playing the system. WHAT NEEDS TO BE DONE is collaborating with the local government so some tax money is funneled back to the original country.

    Ireland, for example, has almost no taxes. There's nothing wrong in the law about storing your money there. There's nothing wrong about paying almost no taxes (as long as you declare everything and don't hide anything). If you're unhappy with this, you should bring to court the company putting their money there. you should instead write to your politician asking that the European Union finally comes up with a solution for EU-level taxes (so money is shared between Ireland and the other countries where the money was prior transfer but were the company isn't paying taxes).

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:Huge difference by Anonymous Coward · · Score: 0

      I can't see how you can get enough money out of local government whose tax is a lot lower than yours. The money shifting is quite legal, they just pay the company in the lower tax region for "service" and runs the company in the higher tax region at zero profit. Since zero profit means zero tax, I don't see how the scheme can be countered without some global tax scheme/agreement. Trouble is, it is highly unlikely tax haven countries will go for such scheme.

    2. Re:Huge difference by HornWumpus · · Score: 1

      That's not legal now. Look up 'non arms length transaction'.

      Long ago settled law.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    3. Re:Huge difference by Ost99 · · Score: 1

      The problem is not moving the money around. Where the money is located doesn't affect the tax burden.
      Corporate tax is payed where the money is earned.

      What Google, Amazon etc. are doing is "buying" services from an other branch of the organization, located in a tax haven.
      For some companies, like Microsoft, this means that the immaterial goods they sell are "owned" by the branch (actually a separate company) located in a tax haven, and are sold to the UK or AU branch at close to retail price. Difficult to do anything about, since something of value actually is transferred between the two branches. It is still morally wrong, but doing anything about it is very difficult.

      For a lot of other companies, and I guess this is where it goes wrong for Google and Amazon, the "service" they buy from the branch located in a tax haven is not real. It's a fake sale with no real value transferred to the buying branch. The "loss" incurred is entirely fictional and the whole transaction is done entirely to avoid taxes. This is clearly wrong and can easily be made illegal if it's not already.

      These tax avoidance schemes play a significant role in the current global financial crisis, and the debt problems of countries like the US. It also represents an highly unfair competitive advantage for large multinationals in competition with smaller national-scaled companies.

      --
      ---- Sig. gone.
    4. Re:Huge difference by foobsr · · Score: 1
      Ireland, for example, has almost no taxes.

      But is proud to collect money from other EU countries because it is bancrupt.

      CC.

      --
      TaijiQuan (Huang, 5 loosenings)
    5. Re:Huge difference by Fastolfe · · Score: 1

      you should instead write to your politician asking that the European Union finally comes up with a solution for EU-level taxes

      In addition, wasn't this system one of the reasons the EU was founded in the first place? Companies didn't like the idea of having to deal with 20 different tax systems as they tried to sell to people all over Europe, so when the EU was founded they said companies located anywhere in the EU could participate in an EU-wide market and not have to worry about 20 different tax systems.

      And so, Ireland comes along and decides they want more businesses to settle there, so as to bring them more jobs, so they set a low corporate tax rate, and companies come running. All of this seems to be to be working as intended. If you want to change it, change the way the EU works, don't get all pissy at companies that are using the system as you designed it to be used.

    6. Re:Huge difference by Anonymous Coward · · Score: 0

      Ireland, for example, has almost no taxes.

      That's funny, when I lived there I recall paying quite a bit of tax, income and sales

  32. Re:Avoidance != Evasion by bickerdyke · · Score: 1

    So you paid as much as you had to and as few as you could.

    That's the same those here are doing, too.

    Your wrath should be directed at the politicians worldwide who take care of that Google's "as much as they had to" is so insanely low.

    --
    bickerdyke
  33. Political solution by DrYak · · Score: 1

    So the long-terme solution would be a european law, asking ireland to reshare part of its income to other countries depending on how much money they store, so that healthcare, education, public transportation, etc. can be also produced there.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:Political solution by Anonymous Coward · · Score: 0

      Well the problem is not just Ireland, Google doesn't pay much taxes there either, even though the corporate tax rate is lower.
      It all shifts out of Europe to Bermuda via a Dutch sandwich.

  34. Re:Avoidance != Evasion by Anonymous Coward · · Score: 0

    Even if that tax is used to provide healthcare, schools, roads and benefits for those on low wages or unable to work? Or does that crazy idea make me a commie?

    Nope. Make you naive.

  35. Re:Has anyone here ever paid more taxes than they by bickerdyke · · Score: 1

    Most individuals can't funnel their money through foreign tax shelters.

    There.. fixed that for you.

    --
    bickerdyke
  36. Re:tax minimisation by mwvdlee · · Score: 2

    At which point economy of scale becomes less of an issue and smaller competitors will see their chances improve.

    --
    Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
  37. Google is using the General Electric model by Ritz_Just_Ritz · · Score: 3, Interesting

    "Tax avoidance" doesn't appear to phase General Electric. They're definitely not an "internet company," have physical plants around the globe, and they pay a vanishingly small amount of corporate tax by using the same sort of schemes.

    Imagine that....large corporations with armies of lawyers using lobbying to help them skirt tax payments to ultimately benefit their shareholders. And I guess it helps to have friends in high places. Guess who is Barack Obama's "jobs czar?" That's right, Jeff Immelt...CEO of GE. In 2010 GE made a global profit of US$14.2 billion. US$5.1 billion of that was attributable to operations in the US. How much did GE pay in taxes to the US government you ask? Well, zero. They actually had the balls to claim a tax benefit (billed against future earnings) of US$3.2 billion.

    I'm all for companies being able to make a profit, but c'mon.

    1. Re:Google is using the General Electric model by Anonymous Coward · · Score: 0

      If the problem is that money saved by not paying taxes goes to the shareholders, the solution is for the government to become a shareholder.

    2. Re:Google is using the General Electric model by Anonymous Coward · · Score: 0

      While the free market is great and all, if the US car makers all fail and their factories disappear, who do you think is going to build the planes and tanks for world war 3?

    3. Re:Google is using the General Electric model by Anonymous Coward · · Score: 0

      That claim of zero taxes was debunked a while back. It came from a bozo who fucked up while reading an SEC filing.

  38. Boycott Amazon, Starbucks, Google by hughbar · · Score: 2

    Actually, there's a very sensible approach to this, somewhat started in the UK already. We, as citizens, decide that we dislike this kind of behaviour and we boycott the worst 'offenders'. As an old-skool Brit, I'm a tea drinker anyway, there's nothing that I like in Starbucks and I dislike the appalling value for money too.

    There's a genuine problem here in that a) it's their fiduciary duty of corporations to maximise profit at all costs, to hell with social infrastructure, the environment and other minor details so this is one of the results b) in the UK the so-called Tax Code runs to about 10K pages of useless complexity, so there's always a decent sized hole somewhere c) If the holes aren't closed everywhere, there'll usually be a new opportunity or place to do this, it's called fiscal dumping.

    Finally some socially aware sharefolder activism would help, in some of these cases, but since shareholders are usually large investment funds and insurance companies, there's no pressure from there either. So consumer boycott and sustained negative commentary is a good start, then profits decrease and shareholders begin to wake up and take a mild interest.

    --
    On y va, qui mal y pense!
    1. Re:Boycott Amazon, Starbucks, Google by Anonymous Coward · · Score: 0

      Everybody does this. The big names get called out more by the press, but they're not the "worst offenders" necessarily. If you were one of these companies would you go out of your way to pay more in taxes than you had to if your competitors weren't? Your shareholders would riot and sue you for malfeasance.

      Boycotting is silly. The law has to change or nothing will work.

    2. Re:Boycott Amazon, Starbucks, Google by hughbar · · Score: 1

      I agree the law has to change, unhappily that's slow. Boycott meanwhile though and it does work in many case. And, yes, 'everyone does it' is the downside of fiduciary duty an idea whose time has surely passed in its undiluted form.

      --
      On y va, qui mal y pense!
    3. Re:Boycott Amazon, Starbucks, Google by HornWumpus · · Score: 1

      Boycotting my be silly. But Charbucks sells bad, insanely overpriced coffee. Avoid them to avoid being a chump. Taxes are irrelevant.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    4. Re:Boycott Amazon, Starbucks, Google by TubeSteak · · Score: 1

      There's a genuine problem here in that a) it's their fiduciary duty of corporations to maximise profit at all costs,

      [Citation Needed]

      I wonder how your idea fits with the role of a charity? Their role is to make money, so they can turn around and spend it.
      The idea that companies have to maximise profits is a stupid and short sighted theory that has grabbed hold of the public consciousness.

      --
      [Fuck Beta]
      o0t!
    5. Re:Boycott Amazon, Starbucks, Google by Lisias · · Score: 1

      On a first tough, I didn't agree - changing laws is slow because politicians are slow motioned professionals. Heat their arses and things start to change fast.

      However, we live in a democracy and there're not people enough interested on baking politician's arses, so things stays as they're.

      So, perhaps, bad publicity and noise - what can be done by a significantly smaller group of conscientious citizens, can lead to the big companies considering a law change. But by avoiding the bad press and minimizing the tax avoidance, the company becomes less attractive to his investors.

      One possible way out, so, can be promoting a change in the law to close the loophole and, then, every other company in the country will need to pay the tax commonly avoided - what leverages the situation for the big company attractiveness for investors.

      The money will come from our pockets anyway, as the companies will pass the costs to the prices.

      --
      Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
    6. Re:Boycott Amazon, Starbucks, Google by hughbar · · Score: 1

      http://www.professorbainbridge.com/professorbainbridgecom/2012/05/case-law-on-the-fiduciary-duty-of-directors-to-maximize-the-wealth-of-corporate-shareholders.html for example, it isn't a theory.

      Also, a charity is not a for-profit structure, it's not the same as a for-profit corporation. You seem a little confused, I hope it works out for you.

      --
      On y va, qui mal y pense!
  39. Re:Has anyone here ever paid more taxes than they by Anonymous Coward · · Score: 0

    How many individuals do you know that pay 0.1% tax? You might want to reflect on why that is before claiming the two situations are remotely equivalent.

  40. Re:Avoidance != Evasion by Attila+Dimedici · · Score: 1

    I also used to work freelance and yes, deducted reasonable expenses. I did not claim for stuff that wasn't directly related to my work so no, not really a hypocrite.

    So, you did not claim things you could have gotten away with claiming, but which it was not technically legal for you to claim. However, you did claim everything it was legal for you to claim (that you were aware of), but you are complaining because Google did the same thing. That makes you a hypocrite.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  41. Re:Avoidance != Evasion by Stuarticus · · Score: 1

    That's not what he said at all ArgumentativeLesbian.

    --
    If you think someone isn't free to have a different definition of "freedom" you may be a tyrant.
  42. Re:Has anyone here ever paid more taxes than they by Stuarticus · · Score: 1

    Your sense of scale is somewhat out of whack if you are comparing tax deductions on child care (which allows people to work while providing jobs for child carers) to industrial tax evasion by some of the largest companies in the world.

    --
    If you think someone isn't free to have a different definition of "freedom" you may be a tyrant.
  43. Re:Avoidance != Evasion by Anonymous Coward · · Score: 0

    Can't post under my nick, because it's limited to number of posts due to my stance. But if you are asking the question legitimately, then you probably want to know if anybody answers it positively and I am just the person to do it. If everybody who would answer your question positively is consistently moderated down, it may seem that there is a unanimous consent to ideas like yours, but you need to know that there is not.

    Yes, absolutely, it is everybody's responsibility to deny government all money that is possible (legally and I say illegally as well), so that nobody, including people on low wages etc. and no corporation and no politician can get that money. AFAIC it is the most important moral responsibility of every thinking individual - deny government any money and all power today because today the government with the support of the voting majority denies individuals all individual freedoms.

    Not even a single hungry lonely child should be able to profiteer from theft perpetrated by government forces. That child can be helped by a charitable individual or an organisation, but the contributions must be donated completely voluntary. No individual and no organisation must be taxed based on productivity (income, earnings).

    By the way, France has probably the highest VAT in Europe today if I am not mistaken.

  44. So the worlds economic problems are due to.... by 3seas · · Score: 0

    .... google not paying protection money?
    Point is, what effect does paying or not payinmg taxes really have on economy?
    What are the governments really doing with the tax revenue?

    I think that is a far more relevant question to ask first, before pursuing claims of income tax evasion.

    In the US the government is supposed to represent the people but how are they to do so, how are they to know how in the republic, where all voices count (vs. democracy where majority rules) unless the people, each how pay taxes, say where the taxes they pay are to be used?

    Its all about business and when you pay for something you decide what it is your buying....You don't just give a seller money and let them decide what they will or not give you in return.

    Maybe Google should be paying taxes....... But are the taxes that are being collected being used correctly?.

  45. Re:tax minimisation by Dogtanian · · Score: 2

    What you mean by that is that they should not take the deductions that the UK government has written into its tax code. It seems perfectly fair to me for a company to take advantage of every tax deduction it is legally eligible for.

    Oh Jeez, not this libertarian bleating again. In most case, these companies are intentionally exploiting loopholes in one or more countries' systems to minimise tax. It's disingenuous to imply that this was by design or the intention (as "eligible for" might suggest).

    One might argue that their behaviour is still perfectly legal. However, what you said was that it was "fair", which isn't a legal term, and when they're clearly playing the system and paying minimal tax for the facilities they're using, we can quite reasonably say that it's "unfair".

    Now whether or not those deductions should exist is another question entirely, but the people to hold responsible for that are the members of Parliament who voted for those deductions in the first place (or failed to vote to eliminate them).

    As stated above, this is as much exploitation of loopholes than use of explicitly-designed "deductions", and while they may be legally entitled to take advantage of them, we're free to call them out on it and paint them in a bad light. If they don't like it or that affects their business, tough shit, they can go fuck themselves.

    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
  46. Media manipulation by nurb432 · · Score: 1

    Just like with other things, they use 'bad terms' to represent 'legal actions' to manipulate the public's opinion against the companies/people.

    And since people in general are stupid, it tends to work every time.

    --
    ---- Booth was a patriot ----
  47. Not that simple by dbIII · · Score: 1

    No. A lot comes out of consolidated revenue - which means government income from any tax or charge.

  48. So corporation tax will become payroll tax by Anonymous Coward · · Score: 0

    If that's what Google want to claim, then that's what we'll do.

    Make payroll tax depend on turnover.

  49. Re:Has anyone here ever paid more taxes than they by Attila+Dimedici · · Score: 1

    That's because very few individuals can take advantage of nearly as many loopholes written into the tax laws as big corporations can.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  50. Yup, you're clueless. by Anonymous Coward · · Score: 0

    Do you even know what their deductions are?

    They're pretending to pay another arm of the company in a low tax regime for services at an uncompetitive rate. I.e. a rate that would have the shareholders demanding the entire board be sacked and sued for devaluing the company.

    They do this so that they can then claim the deductions are more than their profits before deductions and therefore pay no tax.

    Those services ARE NOT worth the money paid for them.

    And they know it.

    And they then tell the government(s) "We made no profit" whilst telling their shareholders "We made bags of profit!". One or the other is lying.

    It is exactly the same as Hollywood Accounting.

  51. Re:tax minimisation by Attila+Dimedici · · Score: 1

    You can say that it "unfair". You can say anything you like, but that does not make it so. However, when a company is taking advantage of a perfectly legal tax minimization plan, it is not fair to blame the company. The people you should be blaming are the people who wrote the law that makes it legal and the people who have the power to change the law so that it is no longer legal. One thing to keep in mind is that these deductions may exist because they produce other benefits for the country that more than offset the "lost" revenue that comes from companies taking advantage of them (the word "lost" is in quotes because sometimes the only reason a company is doing business in a particular location is because of the tax deductions they receive for doing so).

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  52. Re:Avoidance != Evasion by N1AK · · Score: 2

    But you're rather naive in thinking their is some easy black and white line between ok tac avoidance and wrong tax avoidance. If you had dropped your tax to 30% would that be ok? 25%, 20%, 15%, 10% and why would that be ok but 0.00001% lower would be henious behaviour.

    We have tax laws and it is folly to try and replace laws with some fuzzy statement saying "You should pay the tax that we think it is appropriate you pay (decided at our discretion)" which is exactly what you do when you stop using the legality of tax payment as a baseline.

    Simplify tax laws, remove loopholes etc by all means but until we do we can't really be shocked if this happens.

  53. Apple more profitable than Google by Woadan · · Score: 1

    It's interesting how Apple is more profitable, but it seems that Google is the one getting the attention. Apple was highlighted by the NYT in April of 2012: http://www.nytimes.com/2012/04/29/business/apples-tax-strategy-aims-at-low-tax-states-and-nations.html?adxnnl=1&pagewanted=all&adxnnlx=1353677512-m5vLQkPH5461NGq9bcQvqw

    --
    You can't bend reality to meet your perceptions.
  54. No problem. As long as they apply equally... by Anonymous Coward · · Score: 0

    As long as they apply equally to ...

    Microsoft
    Apple
    Shell
    Exxon
    all offshore bank accounts...

    I believe these have the same avoidance as Google.

  55. Re:Has anyone here ever paid more taxes than they by jrumney · · Score: 1

    Yes, there are deductions I could have claimed on my last tax return that weren't worth chasing down the receipts for. So count me as one who has paid more than they have to. I could also have set up an offshore company to work through rather than becoming an ordinary income tax paying salaried worker. In fact, I may have also paid more than Google some years (maybe not with the current $AU exchange rate), and I certainly had nowhere near $1 billion in revenues.

  56. google singled out? by Anonymous Coward · · Score: 0

    all the big companies do this, microsoft, apple, amazon, etc list goes on

  57. Not A Huge Difference by Kergan · · Score: 1

    The other is just shifting money around. (...) This *IS LEGAL*. A person or a company doing so is just cleverly playing the system.

    Actually, this is only legal on paper. In practice, what's legal isn't so much about what the law says than it is about how a court sides on a case.

    If you're convinced otherwise, I suggest that you put your money where your mouth lies. Specifically, create a company in a tax haven, and a subsidiary thereof in the country you live in. (If you're an employee, tell your employer that, in order to optimize your respective tax bills, you'd like to work as a consultant.) Pay yourself a reasonable salary through the local subsidiary, and then funnel the remaining profits back to yourself as dividends through the tax haven company. This is all legal on paper as long as you dutifully declare everything properly.

    Tax authorities, as you might expect, see things in a very different light. When individuals and small businesses do this, they get slammed in court. Larger corporations, by contrast, get away with it in the name of keeping jobs around or of keeping financial markets alive. Or rather, did until now.

    1. Re:Not A Huge Difference by fuzzybunny · · Score: 1

      (If you're an employee, tell your employer that, in order to optimize your respective tax bills, you'd like to work as a consultant.) Pay yourself a reasonable salary through the local subsidiary, and then funnel the remaining profits back to yourself as dividends through the tax haven company. This is all legal on paper as long as you dutifully declare everything properly.

      Actually, I live in Switzerland (and have worked all over Europe in the past decade and a half).

      This is very common. You set up an LLC/GmbH/SARL/whatever in a place that has advantageous tax rates. You pay the tax that you legally owe on time worked in the country where your job is, you set up your offices and residence elsewhere as needed, deduct the maximum legally allowable for business expenses, etc. etc. etc.

      It's usually pretty cleanly defined. Tax authorities may not like it, but they are as obliged to follow the law as you or I (I once took a massive deduction because I commuted to work by car, and simply added up the distance with the rates published on their own website. They did not like it, but I was able to point them to _their own rules_, and that was that...)

      --
      Cole's Law: Thinly sliced cabbage
  58. Re:Avoidance != Evasion by GameboyRMH · · Score: 1

    I think these tax evasion cheerleaders are the kind of people who would see no problem with using glitches to gain an advantage in a videogame. After all it's no different from being able to aim really good or use good strategy, right?

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  59. Re:Avoidance != Evasion by GameboyRMH · · Score: 1

    You're going to be the next one to crumple your little plane against a government building I bet.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  60. Re:Has anyone here ever paid more taxes than they by Greyfox · · Score: 1
    Ah but that's only one question that could be asked. The other is "Has anyone here paid more taxes than they should (or could)?" If you're in the bottom 95% or so, you have far fewer tools at your disposal to avoid taxes. Some hippies were experimenting with barter a while back, but the IRS started making threatening noises about that. They want their 30% of those hemp sandles.

    Ultimately every dollar someone avoids paying to the federal or state governments is an extra dollar someone else has to pay. Technologically we're almost to the point where we could actually tax every single transaction that occurs with the currency, and I'd actually rather have that than the jumbled mess we currently have. Of course, the way things work, we'd probably end up having that AND the jumbled mess we currently have.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  61. Re:Has anyone here ever paid more taxes than they by Rockoon · · Score: 1

    Your sense of scale is somewhat out of whack if you are comparing tax deductions on child care (which allows people to work while providing jobs for child carers) to industrial tax evasion by some of the largest companies in the world (which allows tens of thousands of people to work and provides jobs for many dozens of specialties.)

    Fixed that vitriol for you.

    In the United States, 35 million families (I looked it up) each getting $5000 per year in nontaxable daycare compensation (95% of employers offer it), which would have been at the individuals highest marginal rate (its off the top, after all), well thats a lot of fucking missing tax revenue, and just one kind of domestic tax shelter that individuals exploit.

    I think your sense of scale is whats in doubt, or that you really don't understand why tax policies are what they are, including the taxes on corporations. Taxes are used to reward and punish the behaviors of both individuals and corporations. This is most often implemented as a high base rate (punishment by default) with deductions (reward if the behavior qualifies.) Businesses are ALLOWED to do what they do, just like individuals are ALLOWED to do what you do, AS A REWARD.

    --
    "His name was James Damore."
  62. Re:Avoidance != Evasion by Anonymous Coward · · Score: 0

    No offense, but horrible analogy.

    Some game glitches are actually beneficial to the game, making things more interesting and/or fun. And that includes competitive play. In fact, some glitches may end up being accepted as part of competitive play, knowing and using the glitch is seen as just another move. There's a whole page on tv tropes about this (I don't know if people like that site, so I'm not gonna link it)

    It's a case by case thing, not cheerleading.

  63. Re:tax minimisation by Dogtanian · · Score: 1

    You can say that it "unfair". You can say anything you like, but that does not make it so. However, when a company is taking advantage of a perfectly legal tax minimization plan, it is not fair to blame the company.

    *You* can say that it's "not fair to blame the company", but that doesn't make it so either. (See, that's an obvious and easy argument that cuts both ways).

    While I'm not accusing you of actually saying that "fair" and "legal" are technically synonymous, I think I'm right in saying that your underlying moral assumption is that anything within the *letter* of the law is inherently fair because it was set up by an elected government.

    Disregarding the fact that the law is not perfect, and that the most egregious examples of tax avoidance are clearly seeking holes in a system that isn't- and can't ever be- a perfect implementation of what it was intended to do. This, of course, assumes that the law was written in good faith anyway. In practice, the same big business interests that stand to benefit from tax avoidance are also in a position to exert undue influence and pressure on those elected representatives directly or indirectly responsible for creating those laws.

    The people you should be blaming are the people who wrote the law that makes it legal and the people who have the power to change the law so that it is no longer legal.

    Aside from the fact that this is just a restatement of what you said in the first place, this isn't the case. It's impossible to create a tax regime that's entirely watertight from from *legal* abuse and loopholes without being unworkable. That is, from actions clearly not in the spirit of what was intended, but still within the legal wording. Of course, past experience can be used to spot obvious flaws, but no-one- and I mean *no-one* is going to be able to create something immune from hordes of highly-paid lawyers working for the vested interests of corporations working out how to exploit the system.

    One can revise or improve the legislation- and failure to address loopholes being obviously exploited once they become obvious *is* a valid point of blame- but no system will ever perfect unless it's so tied down that businesses find it unworkable.

    The "irony".... sorry, I meant "hypocrisy", is that the additional administration, red tape, restriction and general complexity required to address these loopholes being exploited will be complained about by the same corporate interests doing the exploiting.

    At any rate, what you said is an attempt to absolve corporations and business of responsibility by shifting an unreasonable level of expectation onto the shoulders of the populace and their elected representatives, and I'm not buying it.

    One thing to keep in mind is that these deductions may exist because they produce other benefits for the country that more than offset the "lost" revenue that comes from companies taking advantage of them (the word "lost" is in quotes because sometimes the only reason a company is doing business in a particular location is because of the tax deductions they receive for doing so).

    In some circumstances, yes, this may be a fair use of a low tax regime.

    On the other hand, if you (or anyone else) is trying to tell me that (e.g.) Starbucks arranging their UK operation such that the profits are effectively taxed elsewhere- as was in the news here recently- is "beneficial", or indeed anything short of exploiting loopholes in the system that benefits no-one but their shareholders, then you're full of it.

    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
  64. Re:Avoidance != Evasion by GameboyRMH · · Score: 1

    That's true, like how rocket-jumping started. I was thinking more along the lines of wallhacks which are pretty unsporting.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  65. Common Practice by Anonymous Coward · · Score: 0

    Please go after Apple too while you're at it, oh and pretty much any moderately sized company. This kind of things is pretty much common practice in the business world. This is just another example of a greedy govt wanting more money, by going after the big fish in the pond instead of all the other smaller ones.

  66. Re:Has anyone here ever paid more taxes than they by HornWumpus · · Score: 1

    Cash is great for avoiding taxes.

    Can you guess what tax rate I paid on the medicine I grow in my backyard?

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  67. Re:Has anyone here ever paid more taxes than they by Imagix · · Score: 1

    On our tax forms, there's a line that reports how much in taxable benefits I've received from my employer... and I am required to pay taxes on that amount.

  68. Re:Has anyone here ever paid more taxes than they by Greyfox · · Score: 1

    Is it 30% of a hemp sandle?

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  69. maybe by Anonymous Coward · · Score: 0

    if the government and the people don't like the tax laws then they should change them.

    the government made the thousands of pages of laws and expect companies to comply. why are they all butthurt now that the companies hired professional rules lawyers to powergame? GREED. You have something, we want it. We are the government so give it to us.

  70. Socialist /. is getting tiresome... by Anonymous Coward · · Score: 0

    It's really depressing.

    All these socialist comments about Ireland's income tax being way too low and how things would be better if Ireland were to raise the level to crazy-high european standards.

    What's next, venerating Keynes? Keynes failed. Too bad he didn't live to see his abysmal failure. His disciplines, like Krugmann, have now to use lies as a last line of defence (Krugman recently blatantly lied about the number of public servants supposedly going down in the U.S. during the last four Obama years).

    Can't you see that the current euro, japanese and U.S. crisis are a crisis of "too much government"? We're assisting at the failure of the nanny states and the failure of Keynesianism.

    When taxes are too high you're depressing would-be entrepreneurs and you're preventing the efficient creation of future growth.

    What would be needed is not Ireland to raise its taxes to socialist-borderline-communist levels but other countries to lower their taxes to the Ireland level.

    I'm really getting tired of this bullshit Keynes / socialisto-communism / slavery-begging that /. is becoming.

    Off to hacker news where at least most of the people have an entrepreneurial mindset and are trying to build things. Trying to create future growth. Despite all the obstacles put there by Mao / Kim Jong Ill fans...

    I'm in eastern Europe and I think that if all you leftist had seen eastern Europe before and after the fall of communism you'd be much proner to praise liberalism and freedom instead of slavery-inducing socialism.

    So think twice before writing b*llshit about tax levels that should be harmonized to some crazy-high confiscatory levels.

  71. Re:Has anyone here ever paid more taxes than they by Anonymous Coward · · Score: 0

    They allow people to work for them? How charitable. You deserve the corporate hell hole you'd voluntarily make for yourself if you believe that drivel.

  72. A funny thing happened while I was using Google... by Anonymous Coward · · Score: 0

    For the hell of it, I looked up "Santorum," and Google stated that he was a US Senator and Republican presidential also-ran in the 2012 primary campaign.

    I then looked up "Australian government" and "France", and Google reported that the words both meant the same thing: "the frothy mixture of lube and fecal matter that is sometimes the byproduct of anal sex."

    Does this make sense to anyone here?

  73. Re:Avoidance != Evasion by Anonymous Coward · · Score: 0

    Yes, actually, it is that hard to understand. If you employed a few dozen people, provided them workstations and such.. you would be able to reduce your tax burden further through the expenses and capital depreciation of all the provisions you make available for your employees to do their work.

    Its pretty difficult for me to manufacture a single GPU, let alone the numbers of nVidia. To do it at their cost and performance would be pretty fucking impossible. Why? Well, part of the reason is the scale. Why you think tax advantages would be somehow inherently immune to economies of scale is quite beyond me.

  74. Anti-avoidance law in Australia by Anonymous Coward · · Score: 0

    Australia has a law that the sole or dominant purpose of a scheme cannot be a lower amount of tax.

  75. Why not make it paramutual? by Anonymous Coward · · Score: 0

    If we know how much it takes to run the government only after it has run, why not make the tax rate a paramutual setup, where we all have an equal stake in the final tab? Having loop holes in the tax law are setup to inspire things that are for the common good, seem wise but seem to be the cruxes used by those that "game" the system. THere are many "smarter" people that would figure out how to crack all but a fair distribution method..... which by definition would not be gamable, provided we all have an equal share. All we'd need to do is identify the means the equare the value of a contributions by a laborer, a manager, a vice president ... etc.
    That way at the end of the quarter, we'd have a balanced budget every time. Anticipating every katrina and sandy out there is an insane mandate. Just make it paramutual.Sure, business loves predictabilty, but how often is reality predictable? Business needs to accept risk and social responsibiltiy.

  76. Re:Avoidance != Evasion by Kalriath · · Score: 1

    I think there's a loose patch on your tinfoil hat.

    --
    For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  77. Re:Avoidance != Evasion by aXis100 · · Score: 1

    Bullshit. The tax law allows for genuine business expenses to be deduced.

    Google and others are creating shell companies that charge licence/service/hardware costs to each other that are not genuine, realistic or competitive. They are gaming the system and laughing all the way to the bank (in another country).

  78. Re:Has anyone here ever paid more taxes than they by Eightbitgnosis · · Score: 1

    If those deductions were worth billions of dollars to you; do you believe that you would have the same attitude?

  79. Re:Has anyone here ever paid more taxes than they by Eightbitgnosis · · Score: 1

    I believe most individuals wouldn't pay any tax at all if there were no punitive response from the government for not doing so

  80. Re:tax minimisation by White+Flame · · Score: 1

    One might argue that their behaviour is still perfectly legal. However, what you said was that it was "fair", which isn't a legal term, and when they're clearly playing the system and paying minimal tax for the facilities they're using, we can quite reasonably say that it's "unfair".

    Is it fair when you shop around and go to a store that isn't in your neighborhood to buy something? The closer store you didn't go to opened specifically because you (and others like you) live in the area, and you're depriving them of your business.

    Google shops around and finds the best deal on incorporation & monetary services that various countries & jurisdictions provide. If they actually do things illegally, then yeah throw the book at them. You could also argue that countries should remove certain legal allowances and deductions. But Google and other companies again are literally just shopping around to find the best deals on the products and services they need and using them.

  81. Re:Avoidance != Evasion by smi.james.th · · Score: 1

    Dude. Tax breaks are there to encourage businesses to start. They kind of give people jobs, which is also sort of important. Just saying.

    --
    One thing I know, and that is that I am ignorant...
  82. Is there US IT company who doesn't? by Pecisk · · Score: 1

    Microsoft does it too. Recently in my country someone pointed out that while goverment pays huge sums for software to Microsoft, most of this money doesn't get even taxed.

    For US corporations profit is only sane thing for them. Being good and responsible corporative subject of the country - naaah.

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    user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
  83. What's needed is a corporate AMT! by crazybabydoc · · Score: 1

    While some people treat the alternative minimum tax (AMT) as if it's evil incarnate, the only reason it exists is that EVERYBODY knows greed compels people to avoid paying taxes. A corporate version of the AMT would mean Apple, Google, Microsoft, et al could do a double Irish with a Bermuda twist as much as they want but they would STILL pay (say some lowball number 10-15%) on profits earned in a given country. And that would be IRS calculated profit! Now the only way it would work is if there were strong disincentives to current practices. The US House is too dysfunctional to revise the tax code in an intelligent manner. So one option would be if the President reallocated some resources (say FBI/CIA) working to create the IRS equivalent of a major crimes division. Not only could they track the profits but even better they could bring criminal charges against lawyers, accountants, bankers, CEO/CFO, corporate boards that get even close to breaking the law. Waterboard a few Kellogg or Wharton boys and I bet patriotic taxpaying will rise dramatically. Now to entice the raving loons about tax increases, you allow corporations to CHOOSE between the current system (35% + automatic audits yearly) or the new AMT. Choosing the AMT would be a de facto reduction in the corporate tax rate which would benefit EVERY company. In particular, it would be a boon for the hundreds of thousands of small businesses (that don't have an army of lawyers/accountants) that have dutifully paid the corporate rate. A few of the worst corporate citizens might even take the opportunity to repatriate the trillion or so in profits they've parked overseas.

  84. Re:tax minimisation by Dogtanian · · Score: 1

    Is it fair when you shop around and go to a store that isn't in your neighborhood to buy something? The closer store you didn't go to opened specifically because you (and others like you) live in the area, and you're depriving them of your business.

    Nope; that's a very flawed analogy.

    There's no obligation upon me to support that particular business (unless I made some sort of promise to in advance). Granted, if they stop trading and I lose a convenient store near me, I probably don't have any moral right to whine about it. But that's beside the point- as I said, it's not a good analogy.

    Google are the business, not the consumer.

    Google are carrying out *their* business in one country, but exploiting loopholes in the system to pay virtually no business rates in that country. It's like your shop wanted to open a store in one area, but pay business rates in another totally different area- well, actually, a totally different country.

    You could also argue that countries should remove certain legal allowances and deductions.

    Indeed, I would.

    But Google and other companies again are literally just shopping around to find the best deals on the products and services they need and using them.

    As I said, your "shopping around" analogy above was poor. They're intentionally exploiting loopholes in the system.

    If Google want to be taxed in the Republic of Ireland or any other country, I'm fine with that. Provided they only want to carry out business in that country. Others will take their place to fulfil the needs of UK businesses seeking to advertise.

    If Starbucks want to pay the Netherlands' lower business rates instead of the UK, no problem. Let them close all their UK outlets and open them in the Netherlands instead. I'd require a subatomic-scale violin to express how "sad" I'd feel at this "loss" of an overpriced corporate chain whose position could easily be taken by another.

    You see, this isn't about job-creating industry that we should be grateful to have in the country. This is about businesses that want to make money by trading with us, but aren't willing to pay their share.

    --
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  85. The Innocent and the evils of taxation by apatryda · · Score: 1

    Some of you raise voices that tax evasion is evil, unfair or whatsoever. But it is merely playing the rules, only better than an average-man. In my consideration the term "tax evasion" is only a negatively biased way of calling tax minimization - what is what any sane person does. You shouldn't blame companies for using loopholes in the tax system - if anything you should learn from them. Yes - probably most of the loopholes were created due to some unfair lobbying, but why would you blame Google for loopholes created by some mischievous Australian companies and rouge Australian politicians? And did you ever considered the fairness of different forms of taxation and its effects on economy? Did you take time to think which form of taxation does the least damage? Income tax and value added tax for instance highly demote being productive and make the exchange of services less profitable for individuals (companies aren't affected by this due to being able to deduce their expenses from being taxed). Probably the least unfair and destructive (which means it is still evil but the least evil option) is the property tax (i.e. land tax or ad valorem tax) as it doesn't hinder productivity and it reflects what government really is - in this case a tenant to all the companies and people living on the territory of the country it governs. People tend to fear this tax, because it frightens them to pay tax just for having something (land, real estate, money) but they forget that in reality in most regimes they are only granted this possessions by the government, and it always has the power to take those possessions away, so they don't really own them. They also forget (or don't know) how much do they pay in taxes which is in reality between 40% and 90% of income in most countries (taking in consideration all of paid taxes - income tax, value added tax, inflation, ...). They also forget that this tax target mostly those who poses the most wealth - the rich, not the poor (which is exactly opposite to the other taxes). To sum up - don't blame the player - blame the game. ;)

  86. BUT THEY ARE LEGAL by DrYak · · Score: 1

    These tax avoidance schemes play a significant role in the current global financial crisis, and the debt problems of countries like the US. It also represents an highly unfair competitive advantage for large multinationals in competition with smaller national-scaled companies.

    But, it *still* *completely* *LEGAL*. Unfair, unethical, but legal.

    If you have a problem with that, don't sue them.

    If you have a problem with companies gaming the system in order to take advantage of it, don't try to hit them (other will take turns and you're in for a huge whack-a-mole game). Try to change the system itself. Try to bring new laws, try to create new international tax scheme.
    (And try to find a way to do it without alienating said company and having them run away from you).

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:BUT THEY ARE LEGAL by Ost99 · · Score: 1

      But, it *still* *completely* *LEGAL*. Unfair, unethical, but legal.

      That depends on the laws in the actual country.
      If the transactions are not REAL transactions, but just paper transactions it would in effect just be cooking the books and would be illegal both under tax laws and bookkeeping/auditing laws (most places).

      Where I live we have tax laws that state that *ANY* action where the main effect is reducing the tax burden, is illegal. Sadly this law is mainly used against individuals and small companies.

      Fixing the laws should be a high priority, but I don't think international cooperation would be necessary. As long as the multinationals are represented in a country, new laws that tax their activity could be implemented by any single nation.
      A very simplified example is adding an provision that states that 1/3 of the profit from any service or product sale is taxable in the country of sale. The counties where the product or service is produced could implement a similar tax scheme (at the risk of the company moving production).

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      ---- Sig. gone.
  87. Still waiting... by DrYak · · Score: 1

    ...yup but sadly 2 decades after Maastritch, there still isn't a common EU taxation law.

    So currently, corporation get to game the system all they want - thanks to the increased mobility offered by the european union.
    But there's no way for the state to get money to finance eduction, health, and so on. Because of lack of a European-level tax.
    (more likely instead of an actual tax - i.e.: an extra tax to be paid by individuals and corporations - it would be better as flux of money between states. If all corporation run away to ireland, it would be fair for ireland to pay to the EU a share of the increased income coming from the companies moving in).

    Curriously: although it's not even actual part of the EU but just having bilateral convention with it, and although its considered as a tax haeven, Switzerland DOES give money to the EU currently.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  88. Re:tax minimisation by gnasher719 · · Score: 1

    You can say that it "unfair". You can say anything you like, but that does not make it so. However, when a company is taking advantage of a perfectly legal tax minimization plan, it is not fair to blame the company.

    You are right, one shouldn't _blame_ the company. On the other hand, we _should_ grab them by the balls, squeeze hard, and extract any money we can.

  89. Re:tax minimisation by Attila+Dimedici · · Score: 1

    Right, and when they are out of money, move on to the next guy (of course, sooner or later, you will be the "next guy").

    --
    The truth is that all men having power ought to be mistrusted. James Madison