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Google's 'Dutch Sandwich' Shielded 16 Billion Euros From Tax (bloomberg.com)

Google moved 15.9 billion euros ($19.2 billion) to a Bermuda shell company in 2016, saving at least $3.7 billion in taxes that year, regulatory filings in the Netherlands show. From a report: Google uses two structures, known as a "Double Irish" and a "Dutch Sandwich," to shield the majority of its international profits from taxation. The setup involves shifting revenue from one Irish subsidiary to a Dutch company with no employees, and then on to a Bermuda mailbox owned by another Ireland-registered company. The amount of money Google moved through this tax structure in 2016 was 7 percent higher than the year before, according to company filings with the Dutch Chamber of Commerce dated Dec. 22 and which were made available online Tuesday.

41 of 289 comments (clear)

  1. Nice by tripleevenfall · · Score: 5, Funny

    This dovetails nicely with all the "We love social justice!" TV commercials that Google was running during football games this past weekend.

    1. Re:Nice by sycodon · · Score: 5, Insightful

      Instead of Don't be Evil it's Don't Pay Taxes.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    2. Re:Nice by Midnight+Thunder · · Score: 5, Funny

      Instead of Don't be Evil it's Don't Pay Taxes.

      Nah, it really comes down to "what do you really mean by evil and in what jurisdiction?"

      --
      Jumpstart the tartan drive.
    3. Re:Nice by fluffernutter · · Score: 4, Informative

      You're right, I would much rather everyone on my street make an individual trip to the garbage dump site rather than having those pesky garbage men around. It all seems too simple and organized, so it must be a conspiracy.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    4. Re:Nice by Anonymous Coward · · Score: 5, Insightful

      Google spends money on AI research, robotics, parallel computing, and information access.

      cut

      I prefer that Google keeps as much money as they can.

      Google can do that precisely because of the having the security of a working democratic nation state in which to operate. You think they could do all the AI research, robotics, parallel computing and information access in a failed state like Somalia or Yemen ? That has a cost, it's called taxes. Don't wanna pay taxes ? You're free to offshore your entire company to Somalia. Lets see how that works out ok ?

    5. Re:Nice by GameboyRMH · · Score: 4, Insightful

      The government spends money on wars, prisons, corporate welfare, and subsidies for a bloated and wasteful healthcare system.

      Also infrastructure, education, public safety, human welfare, law enforcement, and unprofitable scientific research, but who needs that stuff right?

      Google really needs that money, after all. CEOs' megayachts have to fly now.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    6. Re:Nice by jenningsthecat · · Score: 4, Insightful

      The government spends money on wars, prisons, corporate welfare, and subsidies for a bloated and wasteful healthcare system.

      I prefer that Google keeps as much money as they can.

      You've made a mostly-insightful comment which I mostly agree with. Unfortunately, it contains a rather glaring contradiction. Surely Google, (along with other corporations), being allowed to keep "as much money as they can", represents a major portion of "corporate welfare"?

      Governments need a very loud wake-up call when it comes to their budgetary priorities, but letting companies like Google dodge taxes is not the appropriate solution. We simply need better governments making better decisions, doing a better job of enforcing corporate taxation. To do that we need to realize that the 'military-industrial complex' that Eisenhower warned about, has either morphed into, or expanded to include, the 'corporate-governmental' complex. Then we need to set about dismantling that whole structure and making sure that the constituent entities remain separate and opposed, aka 'balanced'. Citizens need to organize in the way that unions have. I don't love unions, but they are necessary and they came into being for valid and important reasons. It's time for a national 'Citizens' Union', with various locals organizing campaign contributions and voting blocs at Federal, State, and local levels. I see numerous flaws in my suggestion, but I have yet to hear of any better alternatives, and at this point I think that a Citizens' Union would be much better for many more people than the status quo is.

      --
      'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
    7. Re:Nice by Paul+Pierce · · Score: 2, Insightful

      The government spends money on wars, prisons, corporate welfare, and subsidies for a bloated and wasteful healthcare system.

      Also infrastructure, education, public safety, human welfare, law enforcement, and unprofitable scientific research, but who needs that stuff right?

      Google really needs that money, after all. CEOs' megayachts have to fly now.

      All of those things are still paid for. The employees all pay taxes, and google is able to pay higher salaries because they dodge taxes. Local government and local taxes are generally better run, less wasteful, and able to fail and adapt; therefore distributing taxes to the employees and where they choose to shop, live, eat, etc... is a better model than dumping it in the massive federal level of a mess.

    8. Re:Nice by rogoshen1 · · Score: 2

      i'd agree with everything you mentioned aside from the blue water navy -- it turns out that having a very long, very pointy spear is a handy thing to have when it comes to foreign policy

    9. Re:Nice by swillden · · Score: 2, Insightful

      Instead of Don't be Evil it's Don't Pay Taxes.

      Corporate taxes are evil.

      Not because we should love all the corporations, but because corporations never actually pay taxes. All corporate taxes end up being shifted to individuals in one of three groups: investors, who receive lower rates of return; employees, who receive lower salaries/less benefits; and consumers, who pay higher prices. Exactly how the cost of taxes gets allocated among those groups is variable, hard to quantify and ultimately decided by corporate execs, which is bad because the allocation of taxes should be decided by legislatures.

      That makes corporate taxes dumb and counterproductive. What makes them evil is that the voting taxpayers who ultimately foot the bill don't know they're doing so. In order for democracy to function, taxpayers should know what they're paying, so they can decide whether or not they're getting good value for their money and vote accordingly. But from the typical voter's perspective, money collected from corporations is "free", because it comes from entities that can't vote (though entities that can exercise considerable political influence through various forms of political speech, including donations).

      What we should do is to reduce the corporate tax rate to zero, and legislatively reallocate that tax burden. We should probably recover most of it by increasing capital gains taxes, and perhaps imposing capital gains on foreign investors, since I think most people assume (almost certainly incorrectly!) that the burden of corp taxes is primarily felt by the owners of capital. But, however we think the tax burden ought to be allocated among the different kinds of people, we should legislatively allocate it that way, rather than hiding it from the taxpayers and making it all but impossible to work out who actually pays the bills.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    10. Re:Nice by Actually,+I+do+RTFA · · Score: 2

      google is able to pay higher salaries because they dodge taxes

      Google pays whatever the market demands, no more, no less. That's why lower taxes won't make them pay more.

      --
      Your ad here. Ask me how!
    11. Re:Nice by swillden · · Score: 2

      So what happens when the waitress at the restaurant incorporates, and now her (tax free) paycheck is going straight to her company (that she controls, and that pays her bills as business expenses). What happens when everyone does that? We lose our tax base and go broke is what I see.

      Any money the waitress takes out of the corporation -- to pay her bills, etc. -- is taxable income. Likewise, having the corporation buy you a house, car, etc. is already taxable income.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  2. The real injustice here by Anonymous Coward · · Score: 5, Insightful

    Is that perfectly-legal tax-avoidance strategies like this one aren't available to lower and middle class employees.

    1. Re:The real injustice here by Wootery · · Score: 5, Funny

      If only western governments were starved of the tax funds they need in order to function! We'd finally have our libertarian utopia!

    2. Re:The real injustice here by Megol · · Score: 2

      No. There are problems with the current system(s) but your solution would be worse.

  3. Re:How is this not fraud? by deadweight · · Score: 3, Insightful

    If the law allows this and the tax forms are turned in and all the tax agencies say "looks good", it is not illegal. Don't blame Google for being smart, blame Holland, Bermuda, and Ireland for being dumb.

  4. Re:How is this not fraud? by 110010001000 · · Score: 4, Insightful

    What loopholes? Corporations write the tax rules. This is all intentional. Why do you think corporations donate to political campaigns?

  5. Re:How is this not fraud? by guruevi · · Score: 2

    As you said, these are loopholes that are written into the laws. You cannot make something that is perfectly legal, illegal because you feel it is morally wrong. You fix the loopholes if there are any but by doing so you will also hurt a lot of import/export.

    You have to think like a politician on this: would you like Google to pay their $10M tax bill or do you want your constituents to miss out on $100B in trade? Even if taxing everything (eg. a VAT) would only dip trade by 10%, it still would be more hurt than a few companies not paying $100M combined taxes.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  6. If the laws allow them to do this... by linuxguy · · Score: 3, Insightful

    If the law allows them to do this then what are you complaining about? Don't like it? Change the laws.

    1. Re:If the laws allow them to do this... by Anonymous Coward · · Score: 5, Insightful

      I can't afford to bribe politicians like google can.

    2. Re:If the laws allow them to do this... by Anonymous Coward · · Score: 3, Insightful

      If the law allows them to do this then what are you complaining about? Don't like it? Change the laws.

      You seem to be under the mistaken notion that US law is not bought and paid for by those with money, be it corporations, or people so rich that the next 5 generations of my family are unlikely to earn in their entire life times together what one of these rich people earn in a single year.

      My vote does not matter.

      I cannot change any laws that would influence those with money or power, because I am not one with money and power. I am the lower class and even when the people in what is effectively a united voice speak out, it is ignored (i.e. Net Neutrality).

      My voice is unheard.

      I am allowed only those freedoms that the oligarchy deems fit for me, enough minor and pointless control that I do not rise up in arms against them, but not enough that I may encroach upon their gild thrones of power or cause even the slightest change for them.

    3. Re:If the laws allow them to do this... by Solandri · · Score: 2

      The fundamental "problem" is that taxation is not a natural state. It's an artificial construct created to divert money from the private sector to government coffers (in a method deemed "fair" by the government - the people in democracies, whatever the ruler wants in dictatorships).

      Since it's artificial and not natural, taxation can never be foolproof. Short of the government completely taking over the economy (which is what Communism tried to do), there will always be loopholes and workarounds. It's a game of whack-a-mole. Or my preferred analogy is a tube of toothpaste under too much pressure. If it's leaking out of a hole and you patch the hole, the pressure will just find the next weakest spot and start leaking out of that. The more successful an economy (or portion of the economy is), the greater the pressure, and the more likely it is to find a new hole for avoiding taxes.

      That's why I've advocated not taxing corporate profit. Corporations can exist simultaneously in multiple countries, which substantially complicates collecting taxes from them. If you were to instead implement the tax as something contained entirely within a single country - like a sales tax - it would accomplish the exact same thing. Company sells an item and collects $x from the customer, a percentage of which is diverted to the government as taxes. (The money doesn't "remember" which stage of the transaction it was diverted to the government at, so it doesn't matter if it's diverted at the time of sale or at a later point.) If you implement it as a tax on profit, that gives the company the opportunity to water down the income and shift it overseas by charging itself additional expenses from offshore subsidiaries. If you implement it as a sales tax, there's no way to remove it from the country of sale it since it's a fixed percentage of every sale.

      (And no this doesn't shift the tax burden from the corporation to the buyer. Corporations don't pay taxes because they don't generate productivity - their employees and shareholders do, and their customers generate productivity using the products they buy. Any corporate tax you implement is simply shifted to customers as higher prices, to employees as lower wages, and to shareholders as reduced dividends. If you compare with the same initial state - no taxes - adding sales tax produces the same mathematical result as the shareholders deciding to increase the price in order to maintain their dividends after a corporate tax is implemented. Except the sales tax can't be avoided, while the corporate tax can be by using tricky bookkeeping to shift the money overseas.)

  7. Re:How is this not fraud? by Kierthos · · Score: 2

    You cannot make something that is perfectly legal, illegal because you feel it is morally wrong.

    How very strange. Politicians want to do this all the time. Maybe they're just saying it to placate or appeal to a voting bloc, but you literally cannot swing a dead cat in the Deep South without hitting a politician who wants to outlaw abortion, gay marriage, and in some extreme cases, religion other than Christianity.

    --
    Mr. Hu is not a ninja.
  8. Re:How is this not fraud? by mysidia · · Score: 2

    Don't blame Google for being smart, blame Holland, Bermuda, and Ireland for being dumb.

    They're not being entirely dumb: they each likely get more tax $$$ out of all of this than they would ever have gotten otherwise.

    We're being dumb for allowing Google to deduct the expenses from contractually-created artificial charges or "licensing royalties" owed to an international unit that (1) Doesn't pay tax for products and services delivered in the US, AND (2) Are administered in precise amounts specifically designed to shift away profits from high-tax domains to low-tax domains.

  9. Re:How is this not fraud? by johannesg · · Score: 5, Informative

    The Netherlands gets a little bit of extra money from this, yes. Of course those billions do get added to our GNP, which means that any costs that are GNP-related (such as EU-membership, NATO membership, and third world aid) also go up immediately. I don't know how much Google is paying, but it's not impossible that this is a netto loss for the Netherlands.

    Of course we gets lots of high tech jobs... Wait, what? Zero employees? Right, so that's pointless then.

    Let Google pay the same on its income as I (Dutch person, living and working in the Netherlands) do. That's _52%_ income tax, for those interested... Corporations are people. Let them pay income tax like the rest of us.

  10. Re:Do no evil - yeah right ... by Luckyo · · Score: 2

    It's a very smart change. It's very hard to not do evil things. It's very easy to do "right things". In this case for example, they most certainly are doing the right thing for themselves.

    And being evil in process.

  11. Re:Euphemisms? by HornWumpus · · Score: 4, Informative

    You'll regret looking up _anything_ that you have to goto the urban dictionary to find.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  12. Whose is it to start? by Anonymous Coward · · Score: 2, Insightful

    It's really about whose property it is. If you take the view that the economy and money belongs first to the government, and people and corporations are only allowed to keep what portion of their own income the government permits, then every time the laws are used or adjusted so that they pay less in taxes, you see it as a "giveaway" to the rich or to corporations. In this case, it's the responsibility of individuals to live within whatever remaining means the government allows them.

    But, if you take the view that government is by the consent of the governed, and the money belongs first to the individuals, then you see it as the right of individuals and corporations to come together to change the laws to ensure that the government only takes that portion of their property and income that they decide to permit. In this case, it's the responsibility of government to function within whatever means the people allow it. That's the true Libertarian utopia.

  13. Re:How is this not fraud? by LynnwoodRooster · · Score: 2

    Zero employees? I guess Amsterdam isn't part of the Netherlands. Likewise Eemshaven and Groningen where Google has a EUR600 million datacenter. And Google does pay tax on gross income (not revenue); I assume you take all legally available deductions yourself?

    --
    Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  14. Stop Taxing Profits! by Wrath0fb0b · · Score: 4, Interesting

    The continued machinations that everyone has gotten into with respect to taxing profits feels just like the epicycles used in the heliocentric models -- continued added complexity to make something work that at base doesn't make sense.

    At base, the truth is that profit is an interpretive value. It's not a basic arithmetic concept like gross revenue or net revenue -- it's a derived value that requires subjective judgment to assign to the inputs. As such, you can create more and more complicated rules that never really continues. Like epicycles, the corrections and adjustments continue forever.

    It would seem totally logical that the simplest and least-subject-to-perversion method of taxation would be to chose to tax a value that requires the absolute minimum subjective interpretation: either a gross revenue tax or a consumption tax. Both can be made arbitrarily progressive and both are virtually impossible to game.

    Instead we go on and on trying to tax an elusive concept . . .

    1. Re:Stop Taxing Profits! by Solandri · · Score: 2
      Wages are an expense, so increasing wages already decreases corporate taxes. In theory, if a company distributed the entirety of its profit to its employees as bonuses, it would have zero profit and therefore have to pay no corporate taxes (which are a percentage of profit).

      The most direct impact of corporate taxes are on shareholder dividends, since that's basically distribution of profit to shareholders.* Increase the corporate tax, decrease the shareholder dividend. For a company existing in a single country, this is simple - just eliminate the corporate tax and crank up the income tax rate on dividends. Then no matter what sorts of bookkeeping shenanigans the company plays, the tax is still collected since at some point the money has to move from the company to the shareholders. For multi-national companies, this is more complicated since the shareholders may not be subject to income tax in the same countries where the sales were made.

      But if maintaining the tax in the country of sale is your concern, you can simply shift the tax into a sales tax. This has the same effect as a corporate tax or income tax on dividends.
      • Say without taxes an item which costs $80 to produce is sold for $100, $20 of which is profit that is distributed to the shareholders.
      • If you implement a 50% corporate tax, then $10 of that profit goes to the shareholders, $10 to the government. If the shareholders decide they want to maintain the $20 dividend per product sold, then they would increase the product's price to $120. Now the customer pays $120, there's $40 profit, $20 goes to the government, $20 is distributed to the shareholders.
      • If you implement a 20% sales tax, then the customer pays $120 for the $100 product. $20 goes to the government, $20 remains as profit for distribution to the shareholders. Exactly the same as the 50% corporate tax case.

      The difference being that in the 50% corporate tax case, shareholders can reduce their tax (on profit) by charging expenses to an overseas subsidiary, which shifts the money overseas without paying taxes on it. OTOH the 20% sales tax generates the same tax revenue, except the shareholders can't reduce the tax by tricky bookkeeping. A $100 product was sold and $20 in taxes collected, which must go to the local government.

      That's what the OP is getting at. Distinguishing between sales tax, corporate tax, and personal income tax is economic homeopathy. There is no difference. You're attributing sentimentality based on which stage of the economic transaction the taxes are extracted at, when the money doesn't remember, the math doesn't care, and the net end result is the same. Since the end results are the same, and since it's ridiculously difficult to extract taxes consistently from a multinational corporation, instead of trying to extract taxes from their profit you should extract taxes from other stages of their economic transactions - use a sales tax.

      * (It's a bit different in Google's case since they don't pay dividends. They keep all their profit as retained earnings. Still, there's no problem with not taxing this if you also tax interest income. The tax-free retained earnings will actually decline in value due to inflation, and there's probably more profitable places for them to spend the money than an interest-bearing savings account. And as before, if you want the taxes to remain in the country where the transaction occurred, a sales tax is still does that. Any subsequent retained earnings is money that you weren't going to tax anyway, so you shouldn't care what Google does with it. Unless they use it for more economic activity in your country, like purchasing equipment or expanding operations or investing in stocks. And you can tax that independently of the original economic transaction.)

  15. Re:Euphemisms? by K.+S.+Kyosuke · · Score: 2

    Double Irish: Having sex with not one, but two redheads at once.

    That doesn't sound that bad to me...

    --
    Ezekiel 23:20
  16. Re:Good for them. by tsa · · Score: 4, Insightful

    Maybe in the US, but in civilized countries we like our good roads and social security and pensions and medical insurance and police and so on and so forth. So we like corporations to pay their taxes.

    --

    -- Cheers!

  17. Re:How is this not fraud? by higuita · · Score: 2

    different fiscal IDs are awesome, you can have a local google company claim no profit for the datacenter... and that datacenter only have the expenses income from the USA google fiscal ID , so they pay low taxes... and having a external company with a different ID transferring money to that country, convert it to the local coin/make payments for fake service/"whatever is the financial loop of the year" and then transfer again to another (tax heaven) place. In this case, internal EU transfers between Ireland and Netherlands aren't taxed and converting the money pay only minimal taxes

    --
    Higuita
  18. Re:No proof "government" is required for those thi by GameboyRMH · · Score: 2

    Your implication is that our society couldn't organize those benefits without a violently imposed monopoly called "government". Well, that's disputable.

    Theoretically, perhaps, but history has no examples in your favor. At least not on a scale of 4-digit populations.

    it's better to keep the power to make decisions for society's resources in the hands of the people who have actually and objectively proven themselves good at making profitable allocations of society's resources.

    Disagree, there's nothing inherently good or helpful to society about making a profit. The EITC made profits. Gilded age companies made profits. Microsoft in the 90s made huge profits. Google's profit helps nobody except those at Google.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  19. State Department by JBMcB · · Score: 4, Interesting

    The best part about all of this is it was the US State Department's idea to set up Ireland as a tax haven. Back in the late 40's when Ireland was basically broke, the US and UK got together with them to figure out how to fix their economy. The US brought up a bunch of ideas, and setting up a tax haven was one of them. So Ireland went ahead and did it.

    So it's a bit suspect when the US congress calls CEOs onto the floor and lambastes them for taking advantage of something the US told Ireland to do.

    --
    My Other Computer Is A Data General Nova III.
  20. riddle me this by tacokill · · Score: 3, Interesting

    Who pays corporate taxes? Answer: the corporations. And who owns the corporations? Answer: the shareholders.

    Why don't we just tax the shareholders and skip the corporate tax?

    1. Re:riddle me this by Khashishi · · Score: 2

      Perhaps, but then you should also ban corporate spending on campaign contributions. After all, if the shareholders want to bribe some politicians, they can do it personally.

  21. Re:How is this not fraud? by currently_awake · · Score: 2

    I've seen no evidence American politicians didn't collaborate on this, in exchange for "Financial Contributions" to their election campaign. For a politician, being "Outsmarted" often involves "Other Benefits".

  22. Re:1/4 of the US Government's budget by jenningsthecat · · Score: 2

    My point is, government isn't _nearly_ as wasteful as you think it is. It sounds crazy when the government wastes $1 billion until you realize that's just not a lot of money to a country of 350 million people with a $57k per capita GDP

    I don't think the government here in Canada is particularly wasteful - I've argued that point for years - and I suspect the same is true in your country. Rather, from my point of view the US government spends money fairly efficiently on the wrong things. First example - drug enforcement. Second example - having people spend major time in prison for minor crimes, many of which aren't crimes at all in other first-world jurisdictions. (Not to mention LEO's whose budgets are inflated by the need to fight those 'crimes'). Third example - a military and an intelligence apparatus whose primary focus is furthering US economic interests, by force and/or subterfuge, in other countries. (I think of that as 'indirect corporate welfare'). Fourth example - expenditures to clean up the messes left behind by the third example. I'm sure there are many others.

    --
    'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
  23. That's only part by tacokill · · Score: 2

    Not only that but the shareholder ALSO gets to pay tax on dividends as well as tax on capital gains.

    You are left with this: Shareholders own the company. The company pays tax on profits. Then the company distributes those profits back to the shareholders (dividends)......where they are taxed a 2nd time.

    This is why many people advocate elimination of the corporate tax. It's pretty obvious to see why.