Robert Pogson

One man, closing all the windows.

Senator: M$ Dodges US taxes

  • Sep 20 / 2012
  • 8
technology

Senator: M$ Dodges US taxes

“In Microsoft’s case, the company charges three foreign subsidiaries large licensing fees to sell its products. In 2011, two of those subsidiaries, in the low-tax jurisdictions of Ireland and Singapore, paid about US$4 billion for those licenses, then sold products worth $12 billion, even though U.S. tax law requires the subsidiaries to pay fair prices for the transfer of assets, Levin said.”

Well, it looks like the oh so loyal USA is being betrayed by M$. All those $billions in revenue reported to SEC are not pumping up the US economy after all. In fact, M$ is a drain on the US economy by charging monopoly prices at home and effectively giving the rest of the world a discount.

2012 looks like a win for Obama, the Democrats and US taxpayers if they rein in M$’s abuses. Tens of $billions more coming into the US economy is small but important. Eliminating all those licensing fees by switching to FLOSS would be worth much more.

Are you paying your fair share?

  • M$’s tax rate – “Our effective tax rates for fiscal years 2012 and 2011 were approximately 24% and 18%, respectively. Our effective tax rates were lower than the U.S. federal statutory rate primarily due to earnings taxed at lower rates in foreign jurisdictions resulting from producing and distributing our products and services through our foreign regional operations centers in Ireland, Singapore, and Puerto Rico, which have lower income tax rates.”
  • Google’s tax rate –
         Year Ended December 31,  
         2009     2010       2011  

    Provision for income taxes

       $ 1,861      $ 2,291      $ 2,589   

    Effective tax rate

         22.2     21.2     21.0

A note from M$’s 10-K filing is relevant:
“We may have additional tax liabilities. We are subject to income taxes in the U.S. and many foreign jurisdictions. Significant judgment is required in determining our worldwide provision for income taxes. In the ordinary course of our business, there are many transactions and calculations where the ultimate tax determination is uncertain. We regularly are under audit by tax authorities. Although we believe our tax estimates are reasonable, the final determination of tax audits and any related litigation could be materially different from our historical income tax provisions and accruals. The results of an audit or litigation could have a material effect on our financial statements in the period or periods for which that determination is made.
We earn a significant amount of our operating income from outside the U.S., and any repatriation of funds currently held in foreign jurisdictions to the U.S. may result in higher effective tax rates for the company. In addition, there have been proposals to change U.S. tax laws that would significantly impact how U.S. multinational corporations are taxed on foreign earnings. Although we cannot predict whether or in what form any proposed legislation may pass, if enacted it could have a material adverse impact on our tax expense and cash flow.”

see Senator: Microsoft, HP using gimmicks to dodge US taxes | ITworld.

8 Comments

  1. Robert Pogson

    Ivan wrote, “Would it kill you to type Microsoft?”

    No, but it would be less efficient. Using M$ instead helps me reduce my contribution to their footprint on the web which is already too large. That reminds me. I should write more about GNU/Linux and less about M$…

  2. Robert Pogson

    Chris Weig wrote, “Has Microsoft been convicted?”

    Read US DOJ v M$ and Comes. M$ is an habitual criminal corporation. The record tells us that they will miss no opportunity to mess with competition despite the law. It is not beyond the realm of possibility that they will cheat on taxes. Other countries have already gone after them for such shenanigans. e.g. India where profits earned in India were “off-shored” in the same ways. It would not surprise me if M$ moved operations to an aircraft-carrier somewhere in Asia for the tax advantages…

  3. iLia

    And what about your favorite Linux champion, Google?

    Google Avoids Taxes, Uses Scheme That Costs U.S. $60 Billion

    And why your democrats should occupy themselves only with Microsoft?

    10 of the Biggest Corporate Tax Cheats In America

    1. Google
    5. Oracle
    7. IBM
    10. Microsoft

    25 Corporations That Pay Less Taxes Than You Do

    2. Google
    12. Amazon
    14. NVIDIA
    16. Cisco
    18. Microsoft
    19. Oracle
    20. IBM

    Apple avoids billions in tax

    2012 looks like a win for Obama, the Democrats and US taxpayers if they rein in M$’s abuses.

    No, Obama and Democrats will never do it. Why?

    Democratic National Cmte: Top Contributors (2012)

    2. Microsoft Corp — $497,266
    6. Google Inc — $423,851

  4. Chris Weig

    Crow, crow, crow, crow, crow.

    Has Microsoft been convicted? No. What’s morally wrong in your opinion does not equate to being legally wrong. Feel free to write to Congress and plead to reform tax law.

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