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Web of Tax Shelters Saved Apple Billions, Inquiry Finds
mspohr writes with news that Apple might be in a bit of hot water over its policy of offshoring revenues to favorable tax jurisdictions. Only they take it a step further, from the article: "Apple relied on a 'complex web of offshore entities' and U.S. tax loopholes to avoid paying billions of dollars in U.S. taxes on $44 billion in offshore income over the past four years ... The maker of iPhones and iPads used at least three foreign subsidiaries that it claims are not 'tax resident in any nation' to help it avoid paying billions in 'otherwise taxable offshore income,' the Senate Permanent Subcommittee on Investigations said in a statement yesterday."
If these foreign subsidiaries aren't "tax resident in any nation", are they protected by the laws of any nation? It seems odd that a company can exist and be recognized as an entity that can hold property without being incorporated in a recognized nation. Can't we just take their stuff and see who they turn to for the protection of law?
Define morally acceptable. I find that companies literally sucking money out of the economy, then letting it sit, thereby starving the economy of capital, thereby adding to high unemployment, lower wages, less benefits, less job security, less public services, etc... is pretty bad for society. But maybe things that are bad for the overall society are still considered morally acceptable. ... But I digress, they're re not breaking any laws... Then again, I'm sure they spent loads of money to lobby to make our current system of laws beneficial to them. They used their huge pocketbook to game the system to make their pocketbook massive!
Yes, there are real reasons for this. It a standards and compatibility issue.
Most of the world works on a country of source for corporate tax. You make a profit in country Y, you pay Y’s taxes. Now, when you are doing business in X and Y it can be hard to determine how to split the profit – and thus the taxes – between X or Y. It is subjective even under the best conditions. But there is still a compatibility issue between different countries tax codes which smart tax lawyers can figure out how to exploit.
The US works on a country of domical approach. If you make a profit in Y, you will pay US taxes. IIRC, back in the 70s when corporate taxes were high in both Europe and America, companies could be taxed $110 for every $100 in profit – because both America and the European country was demanding full taxes paid.
The US could have fixed this by moving the world standard. But that would have been rational – like going to metric. So instead we put in a lot of dodgy loopholes and tax credits so it would not look like we were giving big corps a tax break.
The answer is that America should move to the world standard of taxation by source.