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The Almighty Buck China Microsoft

Was Microsoft Forced To Pay $136M In Back Taxes In China? 57

itwbennett writes China's state-controlled Xinhua News Agency said on Sunday that an unnamed international company was forced to pay 840 million yuan ($136 million) in back taxes, as part of a Chinese government crackdown on tax evasion. The Xinhua article simply referred to it as the "M company," describing it as a top 500 global firm headquartered in the U.S. that in 1995 set up a wholly owned foreign subsidiary in Beijing. The details match Microsoft's own background, and no other company obviously fits the bill. Xinhua added, that despite the company's strengths, its subsidiary in China had not been not making a profit, and posted a loss of over $2 billion during a six-year period.
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Was Microsoft Forced To Pay $136M In Back Taxes In China?

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  • by decipher_saint ( 72686 ) on Wednesday November 26, 2014 @02:48PM (#48469305)

    If that's the case I suspect a fairly large license audit on the way...

    • Do you think that Microsoft has any real leverage against the Chinese government? Or do you think Microsoft desperately wants a share of that market?

      I'm of the opinion that is Microsoft tried that with China they might not like what happened.

      • by tlhIngan ( 30335 )

        Or do you think Microsoft desperately wants a share of that market?

        Actually, Microsoft does. Because that's a heck of a lot of PCs, and if they are running Windows and Office, that's a heck of a lot of PCs not running Linux, OpenOffice or other software. Even if Windows and Office are pirated.

        All the big commercial vendors pretty much say as such - it's better to have the software pirated than to have those users seek out the competition, whatever it may be.

        So even if a user uses pirated Windows, that makes

        • by Vreejack ( 68778 )

          It's a basic principle that branded products will lose market share if people are momentarily forced to try something different. This is why Kraft foods spends so much money maintaining a cheese reserve; if--due to some temporary disaster--there was a shortage of cheese then they might not be able to keep shelves stocked with their brand and loyal customers would be forced to try something they might discover that they prefer.

    • In the course of your audit you will find everything is in the best possible order.

      In the unlikely case that you should disagree here are two gentlemen who will take you to a place where you can come to the correct conclusion within the next five to twenty five years.

    • by mysidia ( 191772 )

      Sure Microsoft; after you sign this memorandum where you enter into binding agreement to fork over payment for all costs associated with the audit, plus an additional non-refundable fee of 6139000¥ plus a 31390¥ retainer.

      Costs to Include payment for some additional vacation time for management and senior staff and the cost of purchasing additional computers, server equipment, software, and gov't employees, labor, overtime hours desired to assist with the audit, and other ordinary expenses.

      • Sure Microsoft; after you sign this memorandum where you enter into binding agreement to fork over payment for all costs associated with the audit, plus an additional non-refundable fee of 6139000¥ plus a 31390¥ retainer.

        Costs to Include payment for some additional vacation time for management and senior staff and the cost of purchasing additional computers, server equipment, software, and gov't employees, labor, overtime hours desired to assist with the audit, and other ordinary expenses.

        It actually sounds like Xinhau broke some kind of law or agreement here, just from the way this went down.

        Specifically, they disclosed the company by describing it without ever saying its name. They knew everyone would figure out who the company was. But they never would have done that unless they were prohibited from telling you the company. So they broke whatever was prohibiting them from doing that.

        It's unlikely Microsoft will sue them for it (not impossible, but unlikely), but no Western company will

  • Was Microsoft Forced To Pay $136M In Back Taxes In China?

    Um...who gives a shit. It's chump change to them.

  • In return.... (Score:5, Insightful)

    by Rick Zeman ( 15628 ) on Wednesday November 26, 2014 @02:55PM (#48469353)

    Microsoft should send the Chines Gov't a $136M bill for piracy.

  • 1. MSFT revenue in China is lower than actual software revenue should be, mostly due to non-payment of software licenses (aka IP theft) by Chinese government and military units (half the economy). This has not changed. And probably never will.

    2. MSFT is being forced to pay taxes "avoided" in the EU and US as well. The Irish and Luxembourg tax "shelters" are being ripped apart. And Google and Amazon will also be forced to pay those too. It helps when you shame the economic figures by country and point out ex

    • The issue is not "Irish Tax Shelters". Even without these Microsoft would still be losing money. You are closer on point on the IP theft. This is not so much as a tax, rather it is a fine for Microsoft dropping support for XP, the widely used but rarely paid for OS. Remember, taxes and the laws are not applied in a "neutral" fashion.

    • Mittens are being taxed now? Just in time for winter! Thanks, Obama!
  • had not been not (Score:2, Redundant)

    by Atmchicago ( 555403 )

    subsidiary in China had not been not making a profit

    So it made a profit?

  • by WindBourne ( 631190 ) on Wednesday November 26, 2014 @04:49PM (#48470155) Journal
    Ms is constantly cheated over in China like any other western nation. All of the overhead leaves their chinese operations as a huge money loser. Now they have to pay taxes to China and then gets to post a loss on us taxes. Total Insanity
    • by rtb61 ( 674572 )

      What creates the illusion of a money loser in the corporate tax lawyer parlance is shifting all revenue offshore against claimed costs in tax havens, including management costs and, licensing costs. So one company unit in a tax haven pays a negligible cost for the software and then places an enormous profit margin on the item, which is the bought by another company unit at the revenue point who then shock horror sells it at an imaginary loss (the profits hidden in the tax haven). All tax should be based on

      • by AK Marc ( 707885 )
        That's why corporations should be taxed a smaller amount on revenue. Forget profit. Tax revenue. It's the only effective way to tax a multinational.
  • by Sez Zero ( 586611 ) on Wednesday November 26, 2014 @04:58PM (#48470205) Journal
    McDonalds' was in China in the 90's. There are dozens of other M companies in the Fortune 500. I'm surprised only one fits the profile. Merck, MorganStanley, McKesson, Monsanto, Marriott, Manpower, MGM Resorts, Micron, etc. That was the time to setup in China, I wouldn't be surprised if it was something like MRC Global, Inc and the MS hint was dropped just for headlines.
  • Is not giving the company's full name commonly done in this sort of story? I'm wondering if this would be considered impolite in China.
  • China gives all western nation a lesson here: if a government wants to end tax evasion, it can do it.
    • Yes, by passing a huge body of tax law that is selectively enforced against foreign companies (and some domestic companies that have the nerve to object to government policies) you can absolutely end all the tax evasion that you don't choose to ignore.

  • I personally applaud what China accomplished and hope that it launches similar investigations against every damn multinational corporation operating within their borders who set up foreign owned subsidiaries with one thing in mind--avoid or reduce tax liabilities. The article stated this was simply the first investigation of this type, implying that more are either underway or planned for the future. I applaud China. I applaud the EU for its attempt to correct the sweetheart tax deal entered into by Apple

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