Creative Capitalism Gets Microsoft $528M Tax Break 545
NewsCloud writes "Microsoft makes products in Washington but records software sales to PC makers and high-volume customers through an operation in Nevada, where there is no corporate tax. So Washington has missed out on more than half a billion in taxes; revenue it could use for badly needed infrastructure needs — such as the needed replacement of the 520 bridge which connects Seattle ... to Microsoft. Reported by Slashdot in 2004, the numbers have increased with the company's growth to approx. $76M in savings last year alone. The author questions the legality of the practice given Microsoft's 35,500+ employees and 11.2 million square feet of real estate in Washington state."
"small government" (Score:4, Insightful)
So... (Score:4, Insightful)
Rock and a hard place (Score:5, Insightful)
Re:So what? (Score:5, Insightful)
Nevada may have lesser public services than Washington, or higher non-corporate taxes. Either way, Microsoft and it's employees are enjoying privileges in Washington that they've skipped out of paying for, placing more burden on Washington's other residents.
If Nevada is such a great, efficient state then I see no reason why Microsoft shouldn't move their actual operation there, instead of just maintaining a front for tax evasion purposes.
Re:why is this news? (Score:3, Insightful)
So? (Score:5, Insightful)
Stop the Presses! (Score:4, Insightful)
Re:"small government" (Score:3, Insightful)
Re:"small government" (Score:1, Insightful)
No taxes! (Score:5, Insightful)
Corporations benefit from -- nay, depend on! -- public infrastructure. Public infrastructure costs money. It's been proven time and again that private interests cannot provide neutral, equitable infrastructure at a reasonable price. Taxes are necessary.
Now, taxing both corporations and individuals seems a bit of double-dipping, I agree. Tax the corporations, and let the individuals keep their wages. Politicians would end up with a lot more votes that way (though a lot less money through corporate sponsorship and whatnot).
Capitalism (Score:3, Insightful)
I for one cheer for anyone protecting money from the prying hands of the State.
Re:So what? (Score:4, Insightful)
Even the Lauffer Curve, beloved of Reagan, says that taxes lead to more productivity. While 100% is bad, 0% is also bad. The right number is in-between.
Re:Rock and a hard place (Score:4, Insightful)
If taxation and cost of doing business were the deciding factor of where a company locates, Silicon Valley would not exist, and the World Trade Center would be in rural Idaho.
More power to Microsoft! (Score:2, Insightful)
If Washington state makes a move to try to get this income, MS should pick up and move it's entire operation to Nevada. What would Washington State do then?
Re:So what? (Score:3, Insightful)
The problem is that a lot of leading political figures on the left believe that 50% is the right mark, and we Reaganites believe that's a bit too high!
0% being useful assumes investment in useful things like roads and bridges that actually improve the business climate. If it doesn't improve business, which does actually include quality of life and nationalistic branding stuff, then, it shouldn't be there. That would automatically chop a lot out of the budget, for sure.
Question I have is, why do rates need to go up at all? Population is increasing, GDP is increasing.. shouldn't government spending increases be constrained, at least, to GDP? Unfortunately Bush has been absolutely terrible on this one, but no President will do actually the right thing here either. I mean, why should Medicare ever go up more than GDP?
Who owns my education? Who owns my mind? (Score:3, Insightful)
The fact is that having a well educated workforce does benefit the state of Washington. It means a workforce that makes more money (= state income tax), spends more money (= sales tax), and gets more expensive houses (= property taxes). This is true, and pays the state of Washington for the costs of educating the children who grew up to work in Microsoft, regardless of how Microsoft runs its business.
There are other taxes to pay to WA state (Score:4, Insightful)
It is not like Washington isn't getting a cut out of MS. With 11.2 Million square feet or real estate, think of the property taxes? With 35,000+ employees, think of the payroll taxes?
Seriously, please don't tell me everybody on Slashdot is naive enough to think that companies like Red Hat, SUSE and Ubuntu aren't working the tax system either! Companies from a one man show to an MNC use this system to pay the least amount of tax they can. Nevada and Delaware have long maintained favorable tax treatment of corporations exactly for this purpose. If Washington wants in on this action, they can offer the same incentives to encourage MS to claim those profit in WA.
You eat the food, you pay the bill (Score:4, Insightful)
Consider for a Moment (Score:5, Insightful)
Paying taxes in the state with the lowest corporate tax rate and forming corporations in Delaware is done for the same reason. It's the best deal.
If this is outrageous to the submitter, then I hope he never discovers how most electronics firms with an office in the U.S. work.
As an FYI, they are set up as subsidiaries that "buy" their product from the most attractive exporting/manufacturing office from some other part of the world of the same corporation. The U.S. office then operates at a perpetual loss (paying less tax) by hiding the income generated as the cost paid to "buy" the goods from some other part of the world.
Minimize tax, maximize profit!
Re:No taxes! (Score:5, Insightful)
from whom does the benefit come? (Score:3, Insightful)
Re:So what? (Score:5, Insightful)
And, as you file your own tax returns this year, I'll bet you carefully record each internet transaction from out of state, ensuring that you pay full taxes even though it would have been easy to avoid it? Of course, your charitable deductions will be paid at the lower rate you really know your junk was worth rather than the higher "standard rate" you know you can get away with? Similarly, when you realize your itemized receipts don't add up to as much as the standard deduction, you'll still take the lower amount you know you really deserve? You'll also stop using lower rate credit cards issued out of Delaware in favor of higher rate ones from your own state?
Sure, you could be saving money on your own taxes. But won't anybody think of the children in your own state who are in cramped classes because there aren't enough tax dollars. Thank God for people like you who make a point of paying every dollar they can, rather than looking for the best possible savings.
When an individual figures out ways to avoid paying taxes - or paying as little as possible - it's considered frugal. When a corporation does it, it's evil?
Textbook Tax Case (Score:5, Insightful)
Re:So what? (Score:4, Insightful)
* Specific uses for tax dollars can increase productivity, but that increase is usually not as much as the productivity that a firm could gain by just spending the money itself.
"prying hands of the state" (Score:5, Insightful)
Re:You eat the food, you pay the bill (Score:4, Insightful)
There has always been an argument against corporations paying taxes.
Re:So... (Score:4, Insightful)
Or they would move the money offshore. Or they would move to give their top executives raises and stock options. Or they would throw it on the big pile of money they're offering to buy Yahoo. Or they would pass that money on to shareholders at the end of the quarter. Or any one of a hundred other things they could do which takes the money out of the state.
All moves which deprive the residents of Washington money they need for social services. Do you think that Microsoft is required to spend money in their home state? That they will do it out of the goodness of their hearts? Their job is to make money for the shareholders, and unless you specifically tax them, then there is no guarantee that any money Washington gives them will be reinvested back in the state.
Why is this news? (Score:2, Insightful)
On a side note, this really isn't anything new. Don't shipping companies do this all the time. I've never seen a local truck with Pennsylvania license plates. Usually someplace out west like Montana or Wisconsin.
Re:No taxes! (Score:5, Insightful)
Re:Who owns my education? Who owns my mind? (Score:3, Insightful)
Technically, yes. Of course, if they want to keep living in Washington, they probably own or rent property there. This property can be subject to property taxes. If they want to eat in the state of Washington, they probably buy food. This transaction, which takes place in the state of Washington, can be subject to a sales tax.
I'm opposed to income taxes because income is so easy to shift. Consumption is a lot easier to define, identify, and tax.
Re:You eat the food, you pay the bill (Score:4, Insightful)
Cute. Are you just trolling, do you really believe this drivel, or are you just hoping no one will call you on it?
There certainly is a valid contract when you eat into a restaurant. I can only assume that you meant there is no written contract. The fact that it's implied makes it no less valid.
When I walk into a restaurant, I do indeed agree to an implied contract that I will pay for whatever it is that I order. This is a contract between equals. I'm free to engage or not engage in the transaction. So is the restaurant.(1) If I don't like the prices on the menu, I can decide not to eat there. The situation is far different with government services.
I'm not free to refuse to engage in the transaction. Ask the many people who have either been fined or incarcerated for failure to pay the proper taxes or fees. I can't simply say "I don't want what it is you're selling, so I won't use it and therefore don't have to pay for it." I'd be more than happy to give up all rights to many government services, and to pay only my fair share of those services I actually use - such as public road construction and maintenance. That option doesn't exist for me, and it doesn't exist for Microsoft.
You state that I "... have no right to live here..." If that argument is valid, then I have no rights at all. Freedom of speech? Of Religion? Of anything else? "We don't like that kind of talk around here. If you want to talk like that, go live somewhere else. You have no right to live here." "We don't worship like that around here. If you don't want to worship our God the way we do it, go live some where else. You have no right to live here." Any right whatsoever can be trumped with "Do it the way we tell you to do it or go live elsewhere."
(1) For the peed ants, there actually is legislation which interferes with the right of the restaurant owner to practices his freedom of association. Refuse service to the wrong person and you may actually be facing a law suit. Such violations of freedom of association, while technically making the restaurant not entirely free to refuse to engage in the implied contract, doesn't really affect this situation.
personal vs. corporate tax share (Score:5, Insightful)
The fact is that it's a myth that corporations are pulling one over on the government
They're not pulling one over on the government- they're pulling one over on us.
In the 1950's, the corporate share of taxes was about 50%. Citizens paid half, corporations paid half.
Now? it is about 2%. And why is that?
Corporate lobbying. Corporate lobbying pays for all the toys and the re-election campaigns.
Re:"prying hands of the state" (Score:4, Insightful)
Certainly not from a private company which would have built much better roads for a lot less *and* for which I wouldn't have to pay if I don't use it.
Re:So... (Score:5, Insightful)
They are in Redmond because it has the infastructure to support them. The telecommunications, roadways and educational system to supply those tens of thousands of employees. Nevada, by contrast, cannot supply these (sorry nevada, you're a great state, but your infastructure is horrid). For microsoft to do such a move would be to cut off its nose to spite its face.
There is a reason why the top performing companies are found in areas with the highest tax brackets. Those territories, which tax for the needed infastructure, are the ones which can support businesses of Microsofts size.
Re:from whom does the benefit come? (Score:3, Insightful)
Leaving aside the issues of libertarian principles, of the legitimacy of taxation in general, and of how much obligation a public education places on the individual and anyone who hires him, we have the issue of traditional goods as opposed to those with near-zero margin costs. Do we really want to establish a precedent where every copy of software sold is taxable by the state where the code was originally written? What happens to open source, with many contributers from many states and countries? And if you say that open source generally isn't sold but only a fee charged for distribution and for support, are you sure the state will see it that way? And is it jake for MS to sell you a copy of Windows for $1 and charge a $199 distribution and support fee? Does the same taxation ability go for other goods of this type? If I record a song in a particular state, should it have the right to take a percentage of every copy of that song I sell? What about filming a movie?
Re:You eat the food, you pay the bill (Score:3, Insightful)
Re:So what? (Score:3, Insightful)
Re:personal vs. corporate tax share (Score:2, Insightful)
If anything, it's better to tax the end-user than the corporation. Corporate money rolls over into R&D, manufacturing, capital costs, and employees. The "corporate greed" rabble rousers really don't seem to grasp that a corporation isn't a person. It can't "profit". Until the money gets into a person's hands, it shouldn't be taxed.
Re:Hippie socialist sheeple (Score:1, Insightful)
Depends on which part the government-carving knife slices off first. Whoops, I think I just lopped off the entire arm of the government that supports and protects the corporate fiction. Aww, now the employees and directors of those companies are going to have to be personally responsible for the decisions they make and the actions they perform instead of taking their golden parachute and bailing out when their toy poisons kids or their drug doesn't work.
Re:Rock and a hard place (Score:4, Insightful)
Check out Idaho - businesses are relocating there like mad. Likewise Nevada and Wyoming. High tax areas like California, Massachuessets, and Michigan are leaking businesses because the taxation has gotten too high.
Washington is unfortunately following the CA/MS/MI model, not the ID/NV/WY model. It's already caused Boeing to relocate their headquarters (taking with it a substantial chunk of change)...
Looking at the Microsoft employment opportunities/open recs, there's no question in my mind why growth out-of-Redmond is much greater than in-Redmond. Cost of doing business - hire your employees in other areas where it's more affordable and let the local employment stagnate or fade away. That's how you move a massive high-tech information company.
Boeing is in a tougher place - they have physical plants and tools that are expensive to relocate. But Microsoft? Give it 10 years and you'll find the majority of Microsoft employees will be OUT of the State of Washington. Bet on it.
Re:Textbook Tax Case (Score:3, Insightful)
I must disagree. All other things being equal, given the choice between incorporating in a state where there is no tax, and one where a tax exists, the rational option would be to setup shop where one is able to keep more of one's income. Any tax rate is likely to be considered punitive, and does provides a strong incentive for a firm to look elsewhere to shelter their income. However, MS is headquartered in Washington, uses plenty of Washington's scarce natural resources, but has opted to not pay full value for this. I fail to understand why anyone (outside of those who stand to gain financially from transactions like this) would believe this type of behavior is desirable.
Re:You eat the food, you pay the bill (Score:2, Insightful)
Second, I don't mind paying my fair share of those services I consume. The issue isn't a free ride. The issue is what's just to impose on another person, and the optimum way of paying for services.
Third, you have a funny idea of "force or coercion." Taxes are no different from any other form of protection racket. "Hey, you pay me a little bit of money, I'll take care of you. You don't, who knows what sort of unfortunate occurrences could happen to this wonderful business you got going here?" But that's not force or coercion because you can always move your business to somewhere else? Accepting a contract has to do with deciding whether or not to enter into a mutually agreeable business deal. When the choice are accept or flee in fear of your live or liberty, it's isn't a free choice, and all of your misguided and uninformed moral indignation doesn't change that one little bit.
You do have a contract (Score:3, Insightful)
Offer: The restaurant provides you with a menu, which includes prices
Acceptance: You reviewed the menu and placed an order for specific items.
Consideration: The restaurant provided you with food, expecting you to exchange cash.
Don't gimme any of this fictitious "implied contract" or "social contract" crapola.
Re:Who owns my education? Who owns my mind? (Score:3, Insightful)
Re:So what? (Score:3, Insightful)
I can assure you that if I managed to somehow creatively avoid declaring a third of my taxable income and the government found out about it I would at the least be assessed some massive fines. If I'd done it for ten years I expect I'd just be thrown in jail.
When an individual avoids paying a large chunk of his or her taxes it's considered a crime (unless you're rich, but then you're probably a corporation anyway). When a corporation does it's considered "creative capitalism."
Oh, really? (Score:3, Insightful)
And with government crippled, how do you expect to actually hold them responsible?
Dan Aris
Re:Capitalism (Score:3, Insightful)
I for one cheer for anyone protecting money from the prying hands of the State.
Ah, the refrain of all Libertarians. Never mind that there are legitimate responsibilities for both tax payer and government. Does Microsoft build and maintain the roads to-and-from their employee's homes and their distributors. Does Microsoft pay for the infrastructure that pushes electricity, cable, and water lines for them? Does Microsoft provide police and fire protection for them? Nope, that's what your taxes are for. Go ahead and cheerlead every time you hear of some tax cheat pushing their share of the responsibility on the rest of us.
Re:So what? (Score:3, Insightful)
It is true, however, that any production that goes into government finances can't go anywhere else at the same time. That doesn't mean it's necessarily a bad thing to have taxes, it's just that the government has to use the money for something worthwhile.
Re:You eat the food, you pay the bill (Score:3, Insightful)
Err...bad analogy. There is no 'implied contract' if you dine at a restaurant. If you do a 'dine and dash' and get caught, you'll be charged with theft, not with 'breach of contract' I can assure you.
Microsoft broke no laws here, in fact they were operating fully within the laws. MS does pay taxes in WA, and they employee a large number of people working in that state, so they do contribute a great deal to the economy there I'd dare say, but, it would be irresponsible for them to NOT try to save as much of their own money as legally possible. It is like the reason I incorporated myself as an 'S' corporation. Now, when I work, I bring in my full bill rate to the 'company'...I only have to pay myself a 'reasonable' salary (according to the IRS0, I only have to pay SE taxes (FICA, Medicare, etc) on that reasonable salary, the rest of the money at EOY, falls through on my personal taxes as extra income, but, I only have to pay state and fed taxes on it...so, I save a good bit of $$ not having to pay SS and Medicare on my full income. If I brought in $150K total, but, I only pay myself about $40K 'salary', I only owe SE taxes on that $40K, the remaining $110K is not.
That's the way the law works. Am I doing anything wrong? NO. I'm working within the system to try to keep as much of my hard earned money as I can....and I invest that saved money into IRA's and the like that will benefit me MUCH more in retirement that SS, which may not even be in existance when I'm through working.
Same type scenario...have I done anything wrong?
Re:from whom does the benefit come? (Score:5, Insightful)
I earn a salary and pay income taxes. I then use my income to buy a toaster and pay sales taxes. Double taxation! Then the store pays taxes on its income. Triple taxation! Then the store employees pay income taxes. Quadruple taxation! And then the store employees pay sales taxes on their purchases. Quintuple taxation! And so on. It's a totally meaningless argument.
Re:You eat the food, you pay the bill (Score:3, Insightful)
Re:You do have a contract (Score:3, Insightful)
Re:What, are you guys comunist or something? (Score:3, Insightful)
And they're going to charge their customers as much as they possibly can as well.
We do NOT have the highest taxes. Have you seen what they're paying for gasoline in Europe? That's mostly tax.
As to "paying more than 100%, well gee, I thouhgt I was bad at math! A 100% tax rate would mean that all gross reciepts would go to the tax man.
I know, it's Monday. Me too.
Re:You eat the food, you pay the bill (Score:3, Insightful)
In addition, I would bet that Microsoft is also not a Washington State corporation as an entity: most large entities are incorporated in DC for other tax/regulatory reasons.
Fair to Washington State residents or not, there is nothing remotely illegal about what they are doing; in fact, I would argue that if they didn't take advantage of the opportunities available to them and their competitors to make/save money, they aren't doing their fiduciary duty to their shareholders.
Time to first flame...in three...two...one...GO!
Re:You eat the food, you pay the bill (Score:4, Insightful)
If Washington State decided to levy M$FT they would be driving out one of the largest employers, and those employees DO pay income tax. Not to mention sales tax on everything they buy. Lots of companies are in Nevada to not pay tax. Guess what, there wouldn't be SHIT in Nevada if they had the tax! So, states do things that help them out, and companies do also. This is a NON STORY.