This report has been brewing for some time - and now it's finally here: a major new analysis from the highly respected Citizens for Tax Justice, looking at the taxes that major U.S. corporations have been paying. It ain't pretty.
These 280 corporations received a total of nearly $223 billion in tax subsidies, said Robert McIntyre, Director at Citizens for Tax Justice and the report's lead author. “This is wasted money that could have gone to protect Medicare, create jobs and cut the deficit.” As CTJ notes here and in their press release:
- These 280 corporations received a total of nearly $223 billion in tax subsidies
- Thirty companies enjoyed a negative income tax rate over the three year period, despite combined pre-tax profits of $160 billion. Pepco Holdings had the lowest effective tax rate of all the companies in the study, at negative 57.6 percent over the three year period.
- Financial services received the largest share of all federal tax subsidies (17% of the total, worth over $37bn) over the last three years. Over half the tax subsidies for companies in the study went to financial services, utilities, telecoms, and oil, gas & pipelines.
- Wells Fargo tops the list of 280 U.S. corporations receiving the most in tax subsidies, getting nearly $18 billion in tax breaks from the U.S. treasury in the last three years.
- The average effective tax rate for all 280 companies over the three year period was 18.5 percent; for 2009-2010 it was 17.3 percent, less than half the statutory rate of 35 percent.
- While retailers and wholesalers in the study generally pay average effective tax rates of about 30 percent, Amazon.com paid a rate of only 7.9 percent on its $1.8 billion in profits from 2008-2010.
- U.S. corporations with significant foreign profits paid tax rates to foreign countries that were almost a third higher than they paid to the IRS on their domestic profits.
- The top ten defence contractors saw their combined tax rate decline from 19.3 percent in 2008 to a mere 10.6 percent rate in 2010.
CTJ also, on p11 of their report, outline several key reasons why companies can pay such low taxes:
- Accelerated depreciation. The tax laws generally allow companies to write off their capital investments considerably faster than the assets actually wear out. In early 2008, in an attempt at economic stimulus for the flagging economy, Congress and President George W. Bush dramatically expanded these depreciation tax breaks. This provision was extended and expanded through 2012 under President Barack Obama. CTJ notes the failure of these measures to stimulate business investment. According to the congressional Joint Committee on Taxation, repealing accelerated depreciation would cut corporate subsidies by about $60 billion a year over the first 10 years, over and above the Bush/Obama expansions.
- Offshore tax sheltering. Over the past decade or so, corporations and their accounting firms have become increasingly aggressive in seeking ways to shift their U.S. profits, on paper, into offshore tax havens, in order to avoid their U.S. tax obligations. These typically involve various artificial transactions between U.S. corporations and their foreign subsidiaries, in which revenues are shifted to low- or no-tax jurisdictions (where they are not actually doing any business), while deductions are created in the United States.16 Some companies have gone so far as to renounce their U.S. “citizenship” and reincorporate in Bermuda or other tax-haven countries to facilitate tax- sheltering. Not surprisingly, corporations do not explicitly disclose their offshore tax sheltering activities in their annual reports. In November 2010, the congressional Joint Committee on Taxation estimated that international corporate tax reforms proposed by Senator Ron Wyden (D-Ore.) would increase U.S. corporate taxes by about $70 billion a year. Other analysts have pegged the cost of corporate offshore tax sheltering as even higher than that. Most Republicans in Congress, along with some Democrats, seem intent on making the problem of offshore tax sheltering even worse, by replacing our system under which U.S. taxes on offshore profits are indefinitely “deferred” with a so-called “territorial” system in which profits that companies can style as “foreign” are permanently exempt from U.S. taxes. This terrible approach, along with its cousin, a “repatriation holiday,” would encourage even more offshore tax avoidance.
- Stock options. Big corporations give their executives (and sometimes other employees) options to buy the company's stock at a favorable price in the future. When those options are exercised, companies can take a tax deduction for the difference between what the employees pay for the stock and what it's worth.
- Industry-specific tax breaks. The U.S. federal tax code provides tax subsidies to companies that engage in certain activities. For example: research (very broadly defined); drilling for oil and gas; providing alternatives to oil and gas; making video games; ethanol production; moving operations offshore; not moving operations offshore; maintaining railroad tracks; building NASCAR race tracks; making movies; and a wide variety of activities that special interests have persuaded Congress need to be subsidized through the tax code.
The big losers from all this, of course, is are ordinary taxpayers and particularly small and medium-sized enterprises which don't get the same tax breaks and are therefore out-competed by them in markets on a factor that has nothing whatsoever to do with productive efficiency and everything to do with squeezing subsidies out of taxpayers. For an example of this, take a look at this article in The Hill by a small business owner, and then look at Amazon's tax rate highlighted at the top of this blog. It is also bad for the economy, CTJ notes:
"Such a system artificially boosts the rate of return for tax-favored industries and companies and reduces the rate of return for those industries and companies that are less favored. To be sure, companies that push for tax breaks argue that the “incentives” will encourage useful activities. But the idea that the government should tell businesses what kinds of investments to make conflicts with our basic economic philosophy that consumer demand and free markets should be the test of which private investments make sense."
Indeed. And there's all the waste involved in paying all those tax advisers and lawyers to cook up these unproductive, distortionary tax schemes. And tax breaks don't seem to make much difference to ordinary business investment decisions. Just take a look at this from Paul O'Neill, and, of course, Warren Buffett.
CTJ has written a long and deeply-researched report here, which will be a reference point for years to come.
Hat tip: Tax Justice Network
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Corporate welfare in action. I don’t have any faith in either the G20 or the Obama administration doing anything to sort this out as all you get from them are the same tired old neo – liberal solutions.
After your experience of analysing Guardians effective tax rate I would have thought you might have put a health warning on drawing too many conclusions from a groups effective tax rate.
I am well aware of the risks associated – maybe you aren’t?
i am – thats why im pointing it out. a groups effective tax rate can vary from the mainstream rate from numerous reasons – the utilisation of statutory tax exemptions (eg SSE) being just one.
i guess the facts dont make sensationalist headlines though…….
they would have been better off analysing the current tax charge/creditor rather than the P&L tax debit.
As I do in my work, of course
To your credit.
The authors are either deliberately looking for sensationalist headlines or are clueless about how corporate tax systems work. Looking at the qualifications of the authors I can only assume its the former.
These type of reports only serve to discredit “proper” analysis (probably like your own) who actually look at the reality of deferred tax, tax losses, specific tax exemptions etc rather than a meaningless accounting measure of tax which bears little relation to tax actually paid (which is surely what they should be looking at).
I despair of these people sometimes – they do the argument more damage than good frankly.
These people are just about the best respected tax analysts in the US
You reveal your prejudices again, but not your analytical powers
As for the reasons that companies pay low effective tax, 3 ouf the 4 quoted are not exactly strong arguments. Accelerated depreciation is supposed to encourage investment, the fact that it hasn’t isn’t the fault of the companies that have taken advantage of it. Industry sepcific tax breaks again are the govts attempt to encourage investment in certain areas, the fact that govt has chosen some pretty stupid areas to encourage investment into is politicans fault not the companies (just like our film industry tax breaks without which the industry wouldn’t exist). And giving a company a tax break on stock options and then taxing the employee on them is no different from giving a tax deduction on someone cash salary.
Off course the other reason is the key one, use of tax havens, companies like Google and Aazon pay ridiculaous low rates of tax.
Hi Richard
Wondered if you have managed to look at a US book called Retirement Heist. It is the story of how pension funds in the US have been stripped by companies who began to report them on their bottom line and the US in the last 10 years gone from a surplus to a $368 billion deficit!
Is there any data of this activity in the UK?
In the same way, no, there’s no equivalent data
But it is happening
Thinking about N30, is this something the TUC might want to look into?
Only a fool or an accountantwould think that accelerated depreciation was a tax subsidy. Assuming the seller of the capital equipment is in the same country the sales proceeds are brought into tax as part of the sales revenue of the manufacturer, but the buyer only gets to write of the cost over many years. The profit of the manufacturer will be reduced by his costs of manufacturing the capital goods, but most of those costs, particularly salaries, will end up being taxable in the hands of the recipient.
Oh what a massive assumption you make
We don’t live in a closed world
And you know it
The whole purpose of tax arbitrage is to exploit that fact
Now stop spinning for abuse
RM – your comments demonstrate that your position on all these things is that all companies are involved in huge offshore tax evasion and you wont accept any arguments to the contrary – and you wont even accept that capital allowances arent a tax subsidy.
The value of this blog used to be that sensible and rational discussion was engaged in around the interesting topics you posted. Lately it seems that discussion is discouraged (eg your reply to MarkT which basically says he is wrong without any debate or reasoning), which is a shame.
All banks are involved
And 98% of FTSE 100 are engaged offshore – and I allege avoidance, not evasion
As for your claim that I have lost my way – you guys always say that
Try changing the record
And why don’t I reply? Because I’ve written 2 million plus words here and can’t be bothered to repeat myself for every right wing time waster who wants to distract me from better tasks. That’s why