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Was Microsoft Forced To Pay $136M In Back Taxes In China?

itwbennett writes China's state-controlled Xinhua News Agency said on Sunday that an unnamed international company was forced to pay 840 million yuan ($136 million) in back taxes, as part of a Chinese government crackdown on tax evasion. The Xinhua article simply referred to it as the "M company," describing it as a top 500 global firm headquartered in the U.S. that in 1995 set up a wholly owned foreign subsidiary in Beijing. The details match Microsoft's own background, and no other company obviously fits the bill. Xinhua added, that despite the company's strengths, its subsidiary in China had not been not making a profit, and posted a loss of over $2 billion during a six-year period.

31 of 57 comments (clear)

  1. License Audit by decipher_saint · · Score: 3, Funny

    If that's the case I suspect a fairly large license audit on the way...

    --
    crazy dynamite monkey
    1. Re:License Audit by gstoddart · · Score: 2

      Do you think that Microsoft has any real leverage against the Chinese government? Or do you think Microsoft desperately wants a share of that market?

      I'm of the opinion that is Microsoft tried that with China they might not like what happened.

      --
      Lost at C:>. Found at C.
    2. Re:License Audit by show+me+altoids · · Score: 2

      the subsidiary "had not been not making a profit"? Does that mean they made a profit?

      --
      I feel sorry for people that don't drink, because when they get up in the morning, that's as good as they're gonna feel
    3. Re:License Audit by Opportunist · · Score: 2

      In the course of your audit you will find everything is in the best possible order.

      In the unlikely case that you should disagree here are two gentlemen who will take you to a place where you can come to the correct conclusion within the next five to twenty five years.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:License Audit by mysidia · · Score: 1

      Sure Microsoft; after you sign this memorandum where you enter into binding agreement to fork over payment for all costs associated with the audit, plus an additional non-refundable fee of 6139000¥ plus a 31390¥ retainer.

      Costs to Include payment for some additional vacation time for management and senior staff and the cost of purchasing additional computers, server equipment, software, and gov't employees, labor, overtime hours desired to assist with the audit, and other ordinary expenses.

    5. Re:License Audit by tlhIngan · · Score: 2

      Or do you think Microsoft desperately wants a share of that market?

      Actually, Microsoft does. Because that's a heck of a lot of PCs, and if they are running Windows and Office, that's a heck of a lot of PCs not running Linux, OpenOffice or other software. Even if Windows and Office are pirated.

      All the big commercial vendors pretty much say as such - it's better to have the software pirated than to have those users seek out the competition, whatever it may be.

      So even if a user uses pirated Windows, that makes them less likely to use Linux instead. Because if they try the competition, they may like it.

    6. Re:License Audit by AK+Marc · · Score: 1

      One of the problems with China is that because so few countries engaged China before Nixon, China isn't a signatory on many treaties. MS could be getting taxed on Ireland profits because the books in China don't match international standards.

      This is why there should be a 5% tax on revenue. Profits can be manipulated. Revenue less so.

    7. Re:License Audit by Vreejack · · Score: 1

      It's a basic principle that branded products will lose market share if people are momentarily forced to try something different. This is why Kraft foods spends so much money maintaining a cheese reserve; if--due to some temporary disaster--there was a shortage of cheese then they might not be able to keep shelves stocked with their brand and loyal customers would be forced to try something they might discover that they prefer.

      --
      "Will future ages believe that such stupid bigotry ever existed!" -- Ivanhoe
  2. OOO! Ooooo! OOOO! I got the answer Mr. Kotter! by Anonymous Coward · · Score: 1

    Was Microsoft Forced To Pay $136M In Back Taxes In China?

    Um...who gives a shit. It's chump change to them.

  3. No? by ZombieBraintrust · · Score: 1

    No?

  4. In return.... by Rick+Zeman · · Score: 4, Insightful

    Microsoft should send the Chines Gov't a $136M bill for piracy.

    1. Re:In return.... by wiggles · · Score: 3, Informative

      Chinese law is arbitrary and selectively enforced, often with no penalty for certain things. For example, smoking in certain areas is illegal, but there is no punishment for doing so, so people just smoke wherever they like.

  5. Three truths about the China tax deal by WillAffleckUW · · Score: 1

    1. MSFT revenue in China is lower than actual software revenue should be, mostly due to non-payment of software licenses (aka IP theft) by Chinese government and military units (half the economy). This has not changed. And probably never will.

    2. MSFT is being forced to pay taxes "avoided" in the EU and US as well. The Irish and Luxembourg tax "shelters" are being ripped apart. And Google and Amazon will also be forced to pay those too. It helps when you shame the economic figures by country and point out exactly where they have a shortage and why, and that they know that this is happening.

    3. Pay your effing taxes. That includes Mittens.

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    -- Tigger warning: This post may contain tiggers! --
    1. Re:Three truths about the China tax deal by WillAffleckUW · · Score: 1

      They gained marketshare and when people think PCs they immediately associate it with Windows. Those few that will want/be able to buy an OS will choose windows. Eventually, if they DO get some anti-piracy laws in place it will be an incredible boost. But that's unlikely to ever happen, even less now when the PC has to compete with mobile.

      The laws exist. Enforcement in the courts is the problem.

      --
      -- Tigger warning: This post may contain tiggers! --
    2. Re:Three truths about the China tax deal by operagost · · Score: 1

      Mittens are being taxed now? Just in time for winter! Thanks, Obama!

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
  6. It is a fine for quitting XP by alexander_686 · · Score: 1

    The issue is not "Irish Tax Shelters". Even without these Microsoft would still be losing money. You are closer on point on the IP theft. This is not so much as a tax, rather it is a fine for Microsoft dropping support for XP, the widely used but rarely paid for OS. Remember, taxes and the laws are not applied in a "neutral" fashion.

  7. had not been not by Atmchicago · · Score: 1, Redundant

    subsidiary in China had not been not making a profit

    So it made a profit?

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    You can lead a horse to water, but you can't make it dissolve.

    1. Re:had not been not by ZombieBraintrust · · Score: 1

      No wonder they forgot to pay taxes. Double negatives confused their accountants.

  8. Re:Only in USA you pay NOTHING (if you are corpora by alexander_686 · · Score: 1

    You don't need to do that. The US uses domical to calculate taxes, the rest of the world use residence. This caused a gap witch the accountants plunged in. Fixing the US tax code so it is rational would solve the problem.

  9. how funny. by WindBourne · · Score: 2

    Ms is constantly cheated over in China like any other western nation. All of the overhead leaves their chinese operations as a huge money loser. Now they have to pay taxes to China and then gets to post a loss on us taxes. Total Insanity

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    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:how funny. by rtb61 · · Score: 2

      What creates the illusion of a money loser in the corporate tax lawyer parlance is shifting all revenue offshore against claimed costs in tax havens, including management costs and, licensing costs. So one company unit in a tax haven pays a negligible cost for the software and then places an enormous profit margin on the item, which is the bought by another company unit at the revenue point who then shock horror sells it at an imaginary loss (the profits hidden in the tax haven). All tax should be based on localised revenue, all offshore costs should be audited and any profit incorporated in them should be subject to taxation at the final revenue point. Any costs that fail audit or where information is not supplied should be excluded.

      When corporations cheat of taxes, they, upon a user pays basis are stealing from that economy that provides the revenue opportunity. The basically are not paying for their access to that economy and cheating all citizens of that economy, keeping in mind those citizens pay for the social, administrative and infrastructure costs that make those revenue opportunities available. So they are acting as economic parasites, making use of the economy without contributing back to it, this parasitism resulting in loss of social services and infrastructure to those citizens that provided the economy from which the tax cheats benefited. When it is done upon a large scale those companies and the individuals behind those companies are as evil as imaginable as they are cheating citizens of essential social services and shorting their life expectancy.

      --
      Chaos - everything, everywhere, everywhen
    2. Re:how funny. by AK+Marc · · Score: 1

      That's why corporations should be taxed a smaller amount on revenue. Forget profit. Tax revenue. It's the only effective way to tax a multinational.

  10. Other 'M' companies by Sez+Zero · · Score: 4, Insightful

    McDonalds' was in China in the 90's. There are dozens of other M companies in the Fortune 500. I'm surprised only one fits the profile. Merck, MorganStanley, McKesson, Monsanto, Marriott, Manpower, MGM Resorts, Micron, etc. That was the time to setup in China, I wouldn't be surprised if it was something like MRC Global, Inc and the MS hint was dropped just for headlines.

  11. Breaking Agreement With Microsoft by Etherwalk · · Score: 1

    Sure Microsoft; after you sign this memorandum where you enter into binding agreement to fork over payment for all costs associated with the audit, plus an additional non-refundable fee of 6139000¥ plus a 31390¥ retainer.

    Costs to Include payment for some additional vacation time for management and senior staff and the cost of purchasing additional computers, server equipment, software, and gov't employees, labor, overtime hours desired to assist with the audit, and other ordinary expenses.

    It actually sounds like Xinhau broke some kind of law or agreement here, just from the way this went down.

    Specifically, they disclosed the company by describing it without ever saying its name. They knew everyone would figure out who the company was. But they never would have done that unless they were prohibited from telling you the company. So they broke whatever was prohibiting them from doing that.

    It's unlikely Microsoft will sue them for it (not impossible, but unlikely), but no Western company will ever trust that agreement or law again.

    This is a classic example of a really *Stupid* move to make yourself seem good in the short term that makes other people less willing to deal with you in the future.

  12. Not Giving Full Name by jdschulteis · · Score: 1

    Is not giving the company's full name commonly done in this sort of story? I'm wondering if this would be considered impolite in China.

  13. Yes we can by manu0601 · · Score: 1

    China gives all western nation a lesson here: if a government wants to end tax evasion, it can do it.

    1. Re:Yes we can by Richard+Elmore · · Score: 1

      Yes, by passing a huge body of tax law that is selectively enforced against foreign companies (and some domestic companies that have the nerve to object to government policies) you can absolutely end all the tax evasion that you don't choose to ignore.

    2. Re:Yes we can by OrangeTide · · Score: 1

      Wait, are you talking about China or US or France?

      --
      “Common sense is not so common.” — Voltaire
  14. Re:Only in USA you pay NOTHING (if you are corpora by OrangeTide · · Score: 1

    if you want to stop that, invade ireland or establish protectionist trade laws.

    As an American I find both of those options to be quite appealing. I'm going to write my congressman and ask that he do both. We can get right wing war hawks to support invasion, and left wing corporatist to support increasing protection of local business. Even if those businesses happen to be trillion dollar corporations.

    --
    “Common sense is not so common.” — Voltaire
  15. Re:Only in USA you pay NOTHING (if you are corpora by AK+Marc · · Score: 1

    For years we talked about movie accounting as if it was a bad thing, but the multinationals took it as a blueprint. Make something. Doesn't matter where. Sell it to a subsidiary in Ireland for $1. Sell it from that subsidiary to the final country for retail price + 50% (so you don't accidentally make a profit). Ireland subsidiary makes everything, and is the only profitable arm of the company. Bonus points if you set up fake marketing companies that charge more than R&D and production costs combined, but have no relation to the final sale price or number of units sold.

  16. Unbelievable reactions to a positive step... by chasm22 · · Score: 1

    I personally applaud what China accomplished and hope that it launches similar investigations against every damn multinational corporation operating within their borders who set up foreign owned subsidiaries with one thing in mind--avoid or reduce tax liabilities. The article stated this was simply the first investigation of this type, implying that more are either underway or planned for the future. I applaud China. I applaud the EU for its attempt to correct the sweetheart tax deal entered into by Apple and Ireland. Much more is needed reign in companies like MS, Google and Apple. These companies, and many others, have repeatedly shown the world that they really don't pledge allegiance to any country. Their only allegiance is to money. To gather as much as possible, they have simply become the latest iteration of the greedy carpetbagger. They set up their foreign subsidiaries as tax havens. It was pretty ballsy for Microsoft to claim that over half the profit it earned went to R&D in the US. But then again, it appears that there were few punitive actions taken by China. And without significant punitive actions taken against these money hoarders, there is little for them to lose and much to gain. So the future appears to still favor the greedy...