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Apple Paid $0 In Taxes To New Zealand, Despite Sales of $4.2 Billion (nzherald.co.nz)

Apple paid no income tax to New Zealand's Inland Revenue Department for the last 10 years, according to an article shared by sit1963nz, prompting calls for the company to "do the right thing" even from some American-based Apple users. From the New Zealand Herald: Bryan Chaffin of The Mac Observer, an Apple community blog site founded in 1998...wrote that Apple was the largest taxpayer in the United States, but 'pays next to nothing in most parts of the world... [L]ocal taxes matter. Roads matter. Schools matter. Housing authorities matter. Health care matters. Regulation enforcement matters. All of the things that support civil society matter. Apple's profits are made possible by that civil society, and the company should contribute its fair share.'"
Apple's accounts "show apparent income tax payments of $37 million," according to an earlier article, "but a close reading shows this sum was actually sent abroad to the Australian Tax Office, an arrangement that has been in place since at least 2007. Had Apple reported the same healthy profit margin in New Zealand as it did for its operations globally it would have paid $356 million in taxes over the period."

"It is absolutely extraordinary that they are able to get away with paying zero tax in this country," said Green Party co-leader James Shaw. "I really like Apple products -- they're incredibly innovative -- but it looks like their tax department is even more innovative than their product designers."

21 of 448 comments (clear)

  1. That's their job by Notabadguy · · Score: 5, Insightful

    "but it looks like their tax department is even more innovative than their product designers."

    That's their job. Change your laws.

    1. Re: That's their job by Anonymous Coward · · Score: 5, Informative

      It's not even that.

      Apple Australia and Apple NZ deliberately run at no profit, because they are not meant to run a profit. There job is to get products in people hands and handle returns.

      If they make money, Apple would just charge Apple NZ more money for products, until they make no money.

      Apple (ireland?) buy all the products from apple china and sell them to Apple NZ at a profit.

      Every government wants in on this.

      The truth is, governments are prepping for a tax on revenue, essentially a value add / gst tax increase, but not called that.

    2. Re: That's their job by Anonymous Coward · · Score: 4, Insightful

      IT is EXACTLY THAT. The current tax laws allow for transferring of costs and profits in and out of the country. correct laws preventing this can correct the situation or if they find that too difficult they could just impose a total local revenue tax as you suggested or even a tax as a percentage of total profits based on local size. Their are numerous ways to address it and as much as I despise apple the people to be pissed at are the individual countries pollies who have dragged their feet in changing tax laws to catch these scumbags.

    3. Re:That's their job by ShanghaiBill · · Score: 4, Insightful

      That's their job. Change your laws.

      Indeed. How many individuals "do the right thing" and pay extra taxes beyond what they are legally required to pay?

      It is not Apple's fault that NZ has dumb tax laws.

    4. Re: That's their job by dunkelfalke · · Score: 4, Interesting

      And yet most individuals pay more income tax than Apple.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    5. Re:That's their job by Anonymous Coward · · Score: 5, Informative

      I hope people understand the consequences of demanding changes to taxes for corporations. I'm not defending the status-quo, but you have to understand how US taxes are out of step with the rest of the world.

      US companies are taxed, no matter where their income is generated. US citizens are taxed no matter where their income is generated. Therefor US companies and US citizens are not competitive with foreign companies or foreign workers. The US only gets away with it's taxes because moving companies is impossible (eg burger king merging with tim hortons and thus becoming a canadian company) without a huge expense of buying and creating numbered companies that exist for a short period of time. US citizens are not mobile like EU citizens are.

      So you have two options, either make trade with the rest of the world ridiculously expensive with tariffs, thus protecting the domestic workforce and domestic corporations from having to compete, OR you force your domestic workforce and corporations to compete. Trump is going to try the former through regressive policy.

      What would fix things, or even the playing field is by literately getting rid of corporate taxes and push ALL taxation onto the workforce. Because rich people create shell corporations to hold their assets, they love this idea. But it's not good for people who can't do that. So the correct fix for this is to tax people based on where they own property. So unless you never want to "own" a home, you pay taxes everywhere.

      Since US taxes are out of step with the rest of the world (the only country that requires you to pay taxes by virtue of being born a US Citizen) that has to change.

      So basically, if you own a home, you pay worldwide income taxes to that country that home is owned in. If you have a home in two countries, then guess what, you pay taxes in both places. Minimize the tax burden by declaring "non-immigrant(alien) resident" and split the taxes between each country that you own a home in. You'd do this by indicating the address of every home owned, and dividing the taxes by all of them. So if you own 3 homes, 1 in Canada and 2 in the US, then you pay 1/3 of Canada's taxes to Canada, and 2/3rds to the US, and the IRS and CRA will simply verify that taxes have been paid in each others country. Problem solved.

      To solve the corporate taxation problem, you make sure that "wealth holding companies", numbered companies, etc, play no corporate taxes to any government, but must pay out 90-100% of profits (eg like a REIT or Income Trust) or re-invest those funds (eg they can not be paid to anyone) if directed to do so. That way the tax payers are consistently paying taxes on capital gains, it's like having a personal bank that pays high interest.

    6. Re:That's their job by serviscope_minor · · Score: 5, Interesting

      Indeed. How many individuals "do the right thing" and pay extra taxes beyond what they are legally required to pay?

      Many.

      Over here (the UK) there's all sorts of weird shennanigans you can pull if you put in the effort by contacting via offshore companies, and every so often you hear about people in the news doing so. Such things are available to everyone in principle. Most people don't do that and simply take salary the normal way and pay taxes the normal way.

      Most people don't "like" paying taxes and grumble about them except that we all like our smoothly operating first world country with a high standard of living. Combine the awkwardness of actually setting up such a scheme legally with the vague feeling of unease many people get due to not being psychopaths and realising that not paying their fair share is bad and the result is most people pay a reasonable amount of tax.

      It is not Apple's fault that NZ has dumb tax laws.

      See this is why we can't have nice things. It's very hard to set up laws that allow reasonable business things and can't be abused. Because of scum like Amazon, now every small company has to deal with the horror of VATMOSS. Your idea to fix the laws is great and all but it will hit every single company that legitimately licenses IP of various sorts from abroad in a perfectly normal, non tax dodging way.

      The only fiduciary duty that company directors have is to not fuck up egregiously or with intent. You can check the case law if you like, but until you can provide a reference where someone actually won a lawsuit over breach of fiduciary duty for merely not maximizing profits, I won't accept such a duty exists. There's also duties in many countries about public good as well.

      Someone, somewhere chose to dodge those taxes. Just because they were able to get away with it doesn't mean it wasn't their fault. Ultimately people are responsible for their actions.

      --
      SJW n. One who posts facts.
    7. Re: That's their job by dunkelfalke · · Score: 4, Insightful

      Apparently you don't know how VAT works. Hint: corporations don't pay VAT, they merely collect it. Besides, only the last retailer in the chain collects VAT, it doesn't apply in B2B transactions.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
  2. If it's legal... by Frosty+Piss · · Score: 4, Interesting

    People always complain about this sort of thing, but you know most individuals would use legal tax "loop-holes" to avoid paying taxes if they could (and many wealthy people come close). Apple and all the other zero-tax paying companies are not non-profits, they're in it for the money. If people are upset about all this, perhaps our elected representatives can change the laws? Seriously, if it's legal, what of it? Like I said, most people would do the same if they could...

    --
    If you want news from today, you have to come back tomorrow.
    1. Re:If it's legal... by Anonymous Coward · · Score: 5, Insightful

      Seriously, if it's legal, what of it?

      There is legal and there is ethical. Only people in the law profession put the former before the latter.

      After all, everything slave owners did and the Third Reich (oh my Godwin!) was entirely legal at the time.

    2. Re:If it's legal... by Notabadguy · · Score: 4, Insightful

      Seriously, if it's legal, what of it?

      There is legal and there is ethical. Only people in the law profession put the former before the latter.

      After all, everything slave owners did and the Third Reich (oh my Godwin!) was entirely legal at the time.

      Paying more taxes is not ethical. Nor is it like slavery or nazis. Governments are necessary evils to maintain social contracts and civilization. Overreaching government is unethical. Government double-taxing is unethical.

      And...corporate income tax is a dumb idea in the first place, when those funds have already been taxes through both income and sales.

    3. Re:If it's legal... by cas2000 · · Score: 5, Insightful

      Nope. Tax evasion definitely falls into the former category, wrong regardless of "legality". Especially if achieved via legalistic shenanigans. And doubly so if those shenanigans are only possible due to favourable tax laws and interpretations obtained via corrupt political lobbying and campaign financing.

      Corporations benefit from all the things that taxes provide - roads, police, education, and thousands more - so they should contribute to them as well.

      hate to break it to you, but you're NOT a temporarily embarrassed millionaire. These tax scams you're championing (out of some brainwashed mindless fantasy that one day you'll "make it" and be part of the exploiter classes rather than the exploited) are NEVER going to benefit you. They're stealing from you, and from everyone else.

    4. Re:If it's legal... by SharpFang · · Score: 4, Interesting

      So, if I'm a legal shareholder of Apple NZ, and year by year it produces a $0 profit, is it acting in my interest?

      Apple NZ is a sockpuppet entity with sole purpose of its existence being shielding the parent company from taxes. Its main purpose is NOT generating profit. This is an abuse of the system where successful local entities pay taxes, but unsuccessful ones don't have to - creation of a fake shell that artificially inflates local costs to a point of zero revenue to redirect actual income to a tax paradise.

      The law normally doesn't allow such sock-puppets. If person X is shareholder of both the sock-puppet and parent company, using the sockpuppet to dodge the tax, they are about universally considered a tax fraud, and persecuted. But building a sufficiently complex hidden network of money flow and ownership, it's possible to obscure the fact how person X factually owns the sock-puppet, while not being legally the owner - it's still exactly the same tax fraud, but much harder to prove.

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  3. VAT by blogagog · · Score: 5, Informative

    The VAT tax rate on that $4.2 billion is 15%. New Zealand made a lot of money off those iphone sales.

    1. Re:VAT by haruchai · · Score: 5, Informative

      The VAT tax rate on that $4.2 billion is 15%. New Zealand made a lot of money off those iphone sales.

      And all those taxes were paid by New Zealanders. Who still had to pay other taxes.

      --
      Pain is merely failure leaving the body
  4. This is the problem with corporate income tax. by BitterOak · · Score: 4, Interesting

    This is a basic problem with corporate income tax: everyone in the world feels they are entitled to their "fair share". Corporate tax itself is a kind of double taxation: a corporation is made up of people who pay income tax. In addition, there is sales tax paid on all goods sold in a given country. I imagine a great deal of sales tax has been paid on Apple products in New Zealand, money the government wouldn't have if Apple didn't sell products there.

    The problem with corporate income tax is that it is always possible for a mutlinational corporation to shift its profits to whichever country offers the lowest tax rate, unfairly enriching that one country. The best solution is probably to get rid of corporate income tax altogether, and make up the difference with sales taxes. (After all, the cost of corporate taxes are passed along to the consumers anyway.) This way, there's no arguing about who is entitled to the tax money: it's paid by the consumer wherever the sale takes place. This isn't the first time corporate taxes have caused problems: remember the court battle in which the E.U. argued that Apple owed more taxes to the Irish government, despite the fact that the Irish government didn't even want those revenues? This is the kind of absurdity that results from corporate taxes.

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    1. Re:This is the problem with corporate income tax. by cas2000 · · Score: 4, Interesting

      Corporate taxation is double-taxation because their employees and customers pay taxes. Really? Do you have any idea how fucking stupid this line of argument is?

      it's no different to saying "i shouldn't pay tax because the shopkeepers i buy shit from will pay tax", who then say "no tax for me because my employees pay tax", who then claim tax-exemption by pointing back to the fact that the shops THEY buy shit from pay tax.

      and sure, if you're a properly brainwashed American, you'll think you're "clever" by saying something like "Yeah, exactly! Tax is theft". but tax is how civilisation is paid for. It's why you're not a slave in some shit-poor stone-age (or bronze-age at best) economy. It's why you can read, it's why you can do at least basic arithmetic (and can hopefully count your change when you buy shit). It's why countless things that you take for granted in your life exist and are maintained.

      Every fucking cent has passed through multiple hands and has been taxed multiple times as it cycles through the economy. Exempting corporations from paying tax because of that is just fucking cretinous.

      The problem with corporate income tax is that it is always possible for a mutlinational corporation to shift its profits to whichever country offers the lowest tax rate, unfairly enriching that one country. The best solution is probably to get rid of corporate income tax altogether

      yeah. just like the best solution to burglary is for everyone to put all their possessions on the front lawn to make it easier for thieves. fucking idiot!

      This isn't the first time corporate taxes have caused problems: remember the court battle in which the E.U. argued that Apple owed more taxes to the Irish government, despite the fact that the Irish government didn't even want those revenues

      That happened because Apple was using Ireland to evade paying taxes in the countries where they sold their products. Unsurprisingly, those countries were pissed off by that tax-evading loophole, so took court action to force Apple pay the same tax regardless of where they claimed to be making the profit, making the whole profit-shifting bullshit pointless. Or worse than pointless because the administrative overhead in creating and maintaining that bullshit also has a monetary cost.

      Also, the government of Ireland had a responsibility to the **PEOPLE** of Ireland to collect that tax, regardless of how many kickbacks and bribes the MPs took not to collect it.

  5. Re:sorry, no by sit1963nz · · Score: 5, Insightful

    So where is your proof that New Zealand firms operating in the USA do not pay US taxes ?

    If Apple does not want to pay taxes on profits like other businesses then perhaps an import duty on Apple gear is warranted, currently there is none.

    Sales taxes are paid by the consumer, they are not based on business profits, they are collected and passed on by the retailer.
    So for example if I buy an Apple computer at Harvey Normans, Harvey Normans passes on the sales tax to the IRD, not Apple.

    Another approach could be
    If Apple wants the protection of the laws here in New Zealand then it should pay taxes to enjoy of the benefits of citizenship
    If it does not want to pay taxes, then it places its self outside of the laws, so for example they would have no patent or copyright protection in NZ.

    Currently corporates have all the benefits of a country and don't pay any of the costs.

    As for WHY apple should pay taxes.
    Lets assume YOU are in business, and at the end of each year you have $1 Million in profits, and from this you pay $300,000 in taxes. Those taxes are used for roading, infrastructure, the legal system, etc etc etc, i.e. all the things from a civil society you benefit from.

    Now Apple comes along, they are "outside" you country, then enjoy ALL the benefits of roads etc etc etc that you do, but they don't pay taxes, so in real terms they are $300,000 better off each year than you, money they can put in the bank for a rainy day.
    We have a housing crisis, and business down turn, things are rough and you have to close down. Apple on the other hand has a huge stock pile of cash so they can ride out the rough times (because they did not pay taxes), so they remain in business where by you loose your business and your house.

    THAT is why corporates should be expected to pay taxes, so they compete on a fair and equal basis with those local companies who can not dodge the taxes.

    Or to put in in an American setting, if a Chinese firm is able to dodge taxes and use that tax advantage to put an American company out of business causing people to loose their lively hoods and houses, do you STILL think it is fair the Chinese firm pays no taxes.

  6. Careful what you wish for... by Roger+W+Moore · · Score: 4, Interesting

    If people are upset about all this, perhaps our elected representatives can change the laws?

    The problem with this is that these companies have an army of lawyers trying to find holes in whatever laws are passed. They can find these holes faster than laws can be patched because governments have to tread carefully to make sure new laws do not accidentally penalize companies who are behaving themselves. The only way I can see governments defeating this is by giving themselves far more discretionary taxation power to target individual companies than they currently have and that can lead to abuse of that power if we are not careful.

  7. Curious why New Zealanders buy so much Apple stuff by Solandri · · Score: 4, Interesting

    New Zealand has a population of 4.471 million. $4.2 billion / 4.471 million = $939 per capita spent on Apple products.

    China has a population of 1.357 billion. Apple's annual revenue in China was $48.5 billion, or $36 per capita.

    Europe has a population of 743 million. Apple's Europe revenue was $49.95 billion. Or $67 per capita.

    Japan has a population of 127 million. Apple's Japan revenue was $16.92 billion. or $133 per capita.

    The U.S. has a population of 319 million. Apple's revenue in the Americas was $86.62 billion. Even if you attribute 100% of that to the U.S., that only works out to $272 per capita.

    So either New Zealanders absolutely love buying Apple products by nearly an order of magnitude more than the rest of the developed world, or the $4.2 billion figure is somehow exaggerated.

  8. Tax incidence vs competition by sjbe · · Score: 4, Informative

    It doesn't matter who pays the tax. It's the end user in all cases. Whether Apple sells it's phone $1000 and pays the govt $150 or sells its phone $850 and the user pays the govt $150 makes no difference other than semantically.

    You are talking about tax incidence. But you forgot about an important detail. Companies cannot always simply pass on any taxes. Just because the government assigns a particular tax rate to my company doesn't necessarily mean I can raise prices to compensate. The reasons for this vary but usually it is because of competitive pressures. So in many cases the company ends up eating some percentage of the cost and their profits are lower. It's unclear if this would apply in Apple's case but it is clear that Apple cannot simply charge any amount they want. At some point the price gets high enough that people will seek out alternatives which is why Android has huge market share despite modest profits. In the long run (years) all prices are variable but for shorter periods of time there often are constraints on pricing power.

    But if a company can manage to (legally) dodge all taxes that can be a huge competitive advantage in pricing power. It allows them to sell a product for less money than would otherwise be possible, even if it is a premium product with a fat margin.