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Cupertino's Mayor: Apple 'Abuses Us' By Not Paying Taxes (theguardian.com)

An anonymous reader shares a report on The Guardian: Apple pays a 2.3% effective tax rate on its $181bn in cash held offshore, according to Citizens for Tax Justice, a not-for-profit research group focusing on tax policy. Citizens for Tax Justice estimates that Apple would owe $59.2bn in U.S. taxes if the money weren't funneled into offshore shell accounts. Criticism over the company's offshore tax schemes has become more pointed in recent months, both locally in Cupertino and from Apple's own staff. At a recent Cupertino city council meeting, some residents protested about a lack of funding for public projects, Barry Chang, Mayor of Cupertino said: "They ball up the paper and throw it, and they say 'You're making all the wrong decisions'," Chang said. "In the meantime, Apple is not willing to pay a dime. They're making profit, and they should share the responsibility for our city, but they won't. They abuse us."

19 of 284 comments (clear)

  1. Not funneled into by SuperKendall · · Score: 3, Insightful

    All of that money is money earned overseas. So it's not "funneled" anywhere, it's just not brought back

    Why? Because the government makes it absurdly expensive to bring money back to the U.S. - money Apple has already been taxed on overseas.

    Apple has said repeatedly it would be happy to bring that cash back if it had a much more reasonable percentage to pay in taxes on it. So if the government really wants it, it can have that money any time simply by making the tax rates for corporations something more in line with what the rest of the world has.

    --
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    1. Re:Not funneled into by Austerity+Empowers · · Score: 5, Insightful

      There shouldn't be a negotiation and they shouldn't be asking Apple (or anyone else) to volunteer. There should be a law, the amount owed should be definite, failure to pay would be a crime. That law should apply to everyone, equally.

      Until the government, at all levels, fixes their shit, their shit is going to be broken. I am tired of hearing about Apple or Google or Facebook doing NOTHING wrong, but accused of something that sounds like (but is not) a crime.

      We have set up a system where there is a game, and good players are going to game the system. So fix the system or fix the game.

    2. Re:Not funneled into by fonos · · Score: 5, Informative

      Don't know why this is marked as being a Troll, it's factual information. The US is the only developed nation in the world that taxes companies based on worldwide profits, not just profits earned in the US. Yes, you get a tax credit for income tax you pay to other countries, but the end result is you end up paying the high US corporate income tax rate on income earned everywhere in the world, whereas foreign companies only pay the high US tax rate on income earned in the US, and the lower tax rates of income earned in other countries. This makes foreign companies a competitive advantage over US companies. Not a great policy in my opinion.

    3. Re:Not funneled into by __aaclcg7560 · · Score: 4, Informative

      All of that money is money earned overseas. So it's not "funneled" anywhere, it's just not brought back

      US profits are funneled through a Nevada subsidiary because Nevada doesn't have a corporate tax.

      http://www.nytimes.com/2012/04/29/business/apples-tax-strategy-aims-at-low-tax-states-and-nations.html

    4. Re:Not funneled into by Anonymous Coward · · Score: 3, Insightful

      There should be a law that says "if you have any presence at all in our country, all the money you earn in other countries, and that is taxed in those other countries, should be taxed here too?

      Sounds like a stupid law.

    5. Re: Not funneled into by macsimcon6500 · · Score: 3, Insightful

      Apple is already the top taxpayer in Cupertino. And in California. And in the whole fucking country! While it would have been politic for Steve to mollify the city council by building free wifi for the city after they requested it, it wasn't a requirement for the deal. Until Congress closes all the loopholes, government officials should shut the fuck up about corporate taxation. Apple, Cisco, et al are just playing the rigged game by the rules. And why do they always pick on Apple instead of the dozens of Fortune 500 companies which pay no tax, or worse, get refunds?

    6. Re:Not funneled into by 140Mandak262Jamuna · · Score: 5, Informative

      There should be a law that says "if you have any presence at all in our country, all the money you earn in other countries, and that is taxed in those other countries, should be taxed here too?

      Sounds like a stupid law.

      It is not stupid. As the law stands you deduct taxes already paid to other governments from the tax you own USA. Lets say 100 million dollars in USA. Then Apple sets up a post box in Banana Republic, and parks all the profits there and pays a generous 1 million dollars to the government of Banana Republic. Then it owes only 99 million to USA. The law is intended to prevent a race to the bottom. Competing governments reduce their tax rates to woe the companies and the corporations play one jurisdiction against another.

      That is the current law. All taxes paid to all other governments count as though they have been paid to the US government. But, if they tax you less than USA, you pay the difference to the USA. The only glitch is, current law taxes the profits only when they are brought into the USA. So they keep the profits indefinitely off shore to dodge the tax. Hoping for an amnesty and bring it home with a lower rate to wipe the slate clean.

      We should change the law to make these corporations that are keeping profits abroad from being listed in US Regulated stock exchanges. That will bring the profits home and they will pay the taxes. Or we could list them as foreign businesses with severe restrictions in lobbying and campaign contributions. That would also create a penalty for gaming our tax code.

      Already the corporations have shifted most of their tax burden to the individuals. If the corporations paid the same effective rate as they paid under Ronald Reagan individual tax payers will get an immense tax relief. We can take our personal income tax rates from 36.3% top rate down to 20% top rate or even a flat tax of 15%.

      All of them will shout tax cuts. Individuals and middle class gets a few bones thrown to us. The bulk of it goes to these corporations.

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    7. Re:Not funneled into by sootman · · Score: 4, Insightful

      > We have set up a system where there is a game, and good players
      > are going to game the system. So fix the system or fix the game.

      Any time you establish rules, people will figure out how to use those rules to their advantage. Money is a self-feeding machine -- the more money you make, the more you can spend on accountants and lawyers to help you figure out how to make and keep more money. (And no sense mentioning that once you have enough money, you can start buying the laws you want anyway.)

      Tax based on profits? OK, we'll figure out a way to keep our books to show no profit. Tax based on sales? OK, we don't sell things, we lease or rent them. Tax based on cash hoard? OK, we'll figure out a way to spend every penny we make. Number of employees? Sorry, we only have contractors. Executive pay? Our executives make $1/year, and then we give them stock and benefits. Etc etc etc.

      Every rule, by definition, will give SOMEONE an advantage. Any entity with money *will* figure out a way to make sure that "someone" is always THEM.

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    8. Re: Not funneled into by AK+Marc · · Score: 4, Informative

      Apple is already the top taxpayer in [...] the whole fucking country!

      Then why does Forbes list Exxon and Chevron as paying more tax? http://www.forbes.com/pictures...

    9. Re:Not funneled into by imgod2u · · Score: 3, Interesting

      In the case of many corporations, a good deal (~40%) of their profits come from overseas. So yes, if heavier taxes were levied on them, foreign nations who purchase goods designed/made by United States companies would contribute to the U.S. tax system. That seems perfectly legit.

      Taxes are levied, in theory, on agents who benefit from protections and perks offered by the United States. If a corporation is based in the United States and especially if it's publicly trade in the United States, it enjoys immense benefits and protections offered by the laws of the United States both domestically and abroad. From legal protection of its various properties to the infrastructure built to allow it to operate its design and research centers to the American talent it can draw upon to invent.

      The later especially applies to tech companies. Their competitive edge is gained by hiring the talent available to them in the United States. Why shouldn't their profits -- no matter where they earn it -- that is derived from the inventive and productive power the US offer be taxed to benefit the system they've benefited so much from?

  2. Dealing with the devil by OzPeter · · Score: 5, Informative

    Hmmm .. from Apple's new headquarters gains approval of Cupertino City Council back in 2013

    The Cupertino City Council voted unanimously Tuesday to reduce the annual tax break it gives Apple (AAPL) -- America's most valuable company by market capitalization, with a net income last year of $41.7 billion -- by 15 percent. Having wrung that concession from its richest corporate resident, the council then voted unanimously to give its final blessing to Apple's proposed new headquarters. The spaceship-shaped building has now officially landed.

    Back in 1997, when Apple was on the verge of collapse, the city agreed to return 50 percent of the taxes generated each year from Apple's business-to-business sales as a way to help maintain the company's health and, more importantly, its Cupertino address.

    Sounds like someone made a deal with the devil and now has a bit of buyers remorse.

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    1. Re:Dealing with the devil by jcr · · Score: 4, Insightful

      how can Cupertino be broke

      No matter how much money any government receives in taxes, they will always spend more and borrow whatever they can get away with.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  3. Re:Where Earned by jratcliffe · · Score: 3, Insightful

    Agreed, except this isn't how US corporate income taxes work. The reason Apple has all that cash parked overseas is that the US wants to tax Apple profits on products sold everywhere, not just in the US.

    Even if we made the change to the US tax system that you suggest (move to a where earned from a HQ model), corporate taxation would still be a complex topic. If Apple sells an iPhone in Germany, it should pay taxes in Germany on that profit. But how much profit was really generated there? What's the "right" cost of that iPhone to Apple's German subsidiary?

  4. An open letter to Mayor Chang of Cupertino by Marginal+Coward · · Score: 5, Insightful

    Dear Mayor Chang,

    What part of "building permit" and "property taxes" don't you understand? If you folks let Apple build a giant doughnut in Cupertino without the city collecting adequate local taxes on it, you can hardly blame us, can you...?

    your friend,

    Tim Cook

    1. Re:An open letter to Mayor Chang of Cupertino by __aaclcg7560 · · Score: 3, Interesting

      I know San Jose was licking its chops at that idea since they have been trying to get Apple to move its corporate headquarters for years.

      Fast forward several years later, Apple is bringing 4.15-million square feet of office space to North San Jose over the next 15 years. In comparison, the Apple HQ in Cupertino is only 2.8-million square feet.

      http://www.sfgate.com/business/article/Apple-gets-green-light-for-massive-San-Jose-6786465.php

  5. big wheel keep on turnin by Pseudonymous+Powers · · Score: 5, Insightful

    City Government: Please come to our city, Big Business! We'll give you incredible tax breaks! We'll practically pay you just for existing here!

    Big Business: I don't know. That "practically" sounds kind of hesitant. Besides, there's a bunch of other towns down the road that might offer us a better deal.

    City Government: Fine, we will literally pay to just to keep your corporate headquarters here. We'll give you the land for a pittance. We'll fast-track the permitting process. We'll give you a zoning variance. None of the city ordinances will apply to you. And no direct taxes on you, we promise. We'll make it up by taxing our citizens, who will probably mostly be working for you from here on out.

    Citizen: Hold on. I was busy with my life just then, but it sounds like you're going to let some huge company move in and take over, and use my taxes to build a new thirty-story corporate headquarters in my front yard, and then crank up my taxes even more to make up for the taxes you spent on them?

    City Government: Yes, but you'll be able to afford it, because you can get a good job at the company!

    Citizen: I like my job now. I don't want to fucking work for those fuckers. I don't want a bunch of douches coming in and putting in 17 Starbuckses on the same street and making us all have to sort our garbage into eight separate bins and raising the rents to ridiculous levels so we have to all move out.

    City Government: We hear your concerns. But we really want more tax money to play with. So, fuck you. Leave town if you want. Don't let the screen door hit you on the way out.

    [Decades later.]

    City Government: Hey, Big Business, uh, while our tax revenue has been growing continuously for decades now, it turns out that our expenditures have been growing even faster, because it turns out that a lot of money is not infinite money. We need infinite money. All our planning is based on infinite money. You need to give us more money. That'll get us closer to infinite money.

    Big Business: Fuck you. Learn to do math, assholes.

    City Government: I'm afraid we really must insist. We're going to raise your taxes.

    Big Business: Then I guess we'll just move down the road to the next city. See you later.

    City Government: But... but... you can't!

    [But it turns out they can. Return to top and start again.]

  6. Where do local city revenues come from? by magarity · · Score: 4, Insightful

    So all those high paid Apple employees don't pay property taxes on their homes in the area? They don't pay sales taxes on the stuff they buy around town?
    How does a local city government think it is entitled to tax revenue earned on sales in (other country) after the company already paid (other country) income taxes?

  7. Apple saves 4.5% even with Euro devaluation by perpenso · · Score: 4, Interesting

    But with the crash of the Euro, it would be have been less expensive to bring it back and pay the taxes. Only a fool keeps cash in the Eurozone.

    No, its less expensive to take the 18% loss in EURO/USD exchange, 1.35'ish to 1.1'ish in the last 10 years.
    http://www.xe.com/currencychar...

    So with a US tax rate of 35% and an Irish tax rate of 12.5%, Apple would owe the US government the difference, 22.5%.
    http://www.cbsnews.com/news/ap...

    So they save about 4.5% even with the Euro's devaluation relative to the US dollar.

    Consider that Apple has expenses in the Eurozone so that local cash can be used to pay those. Plus any new expenses, new stores, new R&D facilities, any acquired EU based companies, licensing any EU based tech, etc. The point (or problem from the US perspective) is that with all that cash "stuck" in the EU Apple will naturally look at ways to spend that cash in the EU. US tax policy encourages US corporations to expand overseas rather than bring those profits home to the US.

    Now consider a 15% tax rate on overseas earnings. Apple would only owe 2.5% to the US government. Fear of currency devaluation would matter. The barrier to bringing those profits home would be negligible. But its not just the money collected by the US government through taxes, now that money can spur economic activity in the US rather then the EU. More R&D in the US, more acquisitions in the US, etc. Those robotic factories that are going to disassemble devices for recycling? Maybe those robots could be used for assembly too and we could have more manufacturing in the US, some low volume Macs are assembled in the US. Money is flowing in the correct (US perspective) direction with respect to foreign trade deficits.

    Maybe make that 15% tax rate conditional on re-investment in US based plants, equipment, research, etc?

  8. Humanity needs a Wealth Tax by snadrus · · Score: 3, Insightful

    Middle-class doesn't stockpile money anymore, much like the poor.
    Only wealthy individuals and corporations do, and it's a huge detriment to society.

    Assets stockpiled (held in excess) anywhere should be taxed to prevent an economy from drying up when a handful of The Rich have everything.

    It's called a Wealth Tax. France has it. America needs it.

    Without it, humanity cannot survive a fully-automated economy. Since 2008 America experienced a "Jobless Economic Recovery" via automation. This isn't Science Fiction, it's today. Humanity needs wealth taxed.

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