Are Tech Companies Avoiding Taxes?

The Apple logo is pictured inside the newly opened Omotesando Apple store at a shopping district in Tokyo

Do recent anti-avoidance provisions and public pronouncements signal that the practices of multinational tech companies may soon change?

Multinational tech companies have developed a reputation for dodging their tax bills through careful corporate structuring and practices that lack economic substance. Activists for tax justice say that this conduct amounts to “tax avoidance” and corporate greed at the expense of citizens. Other experts counter that these companies are behaving rationally by seeking “tax efficiency” and, furthermore, they contribute to nations’ economies in ways that extend well beyond their tax contributions. Several high-profile cases in Europe have gradually ratcheted up the debate. President Donald Trump’s recent tax-reform legislation may shake it up entirely.

A recent report from the European Commission indicated that tech companies pay less than half the tax of traditional, brick-and-mortar businesses. “Google tax” has even become a popular term, referring to anti-avoidance provisions intended for multinationals, such as Google, that attempt to limit their taxable presence in high-tax jurisdictions. Also known as a diverted profits tax, these provisions have the power to impose significantly higher penalty rates and are specifically designed for large companies that route their profits via contrived arrangements with related parties in tax havens. Australia’s “Google tax” only applies to companies with global revenue of $1 billion or more.

In 2016, UK tax authorities announced that Google would make a back-tax payment of 130 million pounds on profits generated over the preceding decade, but that amount was criticized as insufficient. The UK Parliament’s Public Accounts Committee, a public spending watchdog, stated that “the sum paid by Google seems disproportionately small when compared with the size of Google’s business in the UK, reinforcing our concerns that the rules governing where corporation tax is paid by multinational companies do not produce a fair outcome. Google’s stated desire for greater tax simplicity and transparency is at odds with the complex operational structure it has created which appears to be directed at minimizing its tax liabilities. Google admits that this structure will not change as a result of this settlement.”

British Labour Party politician John McDonnell said it’s a national disgrace that Google effectively pays a lower tax rate than many working families. The French finance minister said that the settlement “seems more the product of a negotiation than the application of the law.”

Google reduces its tax bill by strategically arranging its international operations, with its supposed European headquarters based in Ireland, where the tax rate is lower than it is in the UK and France. This seems to be an industrywide tactic. In January 2018, the Financial Times reported that an Apple subsidiary will be forced to pay an extra tax bill of 136 million pounds in the UK following an extensive audit.

The organization Tax Justice Network advocates on these types of issues, seeking greater accountability for multinational corporations that engage in “accounting trickery” by establishing “a complex array of subsidiary companies, each with a different name, in tax havens across the world.” Its website suggests country-by-country reporting as one viable solution.

I asked John Christensen, director of Tax Justice Network, if he could see an alternative point of view, whereby tech multinationals might seem partially justified. Are the tax bills unreasonable when considering the economic value these companies create and the innovation they produce? The profit motive incentivizes this tax avoidance, but does that same motive result in more affordable goods through competition?

John Christensen replied, “In many cases digital technology driven companies like Google, Amazon and Facebook can be seen as classic examples of rent-seeking monopolists: they rapidly expanded market share in newly establishing markets and, having achieved dominance, are able to exploit weak global rules on taxing multinational companies to shift their profits to tax havens where they’ve parked their intellectual property rights. It is not too much of a stretch to argue that their biggest innovations lie in the field of tax avoidance.”

He continued, “Corporate income tax rates are low in almost all countries, and research and development reliefs are more than generous, but these factors don’t seem to inhibit the sheer greed of the company executives—most of whom have feathered massive beds for themselves—and the high expectations of stockholders. The fact that much of the underlying technological innovation that enables the digital economy originates from massive state-led investment going back to the 1970s and beyond, not least the world wide web itself, seems to be immaterial to these free-riding company executives.”

Pages