Friday, March 25, 2011

"G.E. Getting Off Tax Free"

Yesterday we posted "Google Questioned by SEC Over Earnings in Low-Tax Countries" As General Electric Reacts to Hurtful Comments About Their Tax Avoidance Strategies (GE; GOOG).
Unbeknownst to me the New York Times was publishing the same angle. Great minds and all that.

From their Lipman Times blog:
Energy, Treasury and Fed :

The Nation's Leading Newspaper Providing Full Coverage of the Obama Administration

The New York Times reported today that General Electric is one of very few companies that is managing to lower the amount it gives to the IRS each year as its profits continue to increase. This notion, that many small business owners will probably resent, is surprisingly nothing new for the corporation. It has for years been able to lower taxes through intense lobbying and an innovative tax department that has been able to run circles around the US tax code in order to promote offshore profits and get better returns. ...
And the story:
G.E.’s Strategies Let It Avoid Taxes Altogether
 General Electric, the nation’s largest corporation, had a very good year in 2010.

The company reported worldwide profits of $14.2 billion, and said $5.1 billion of the total came from its operations in the United States.

Its American tax bill? None. In fact, G.E. claimed a tax benefit of $3.2 billion.
That may be hard to fathom for the millions of American business owners and households now preparing their own returns, but low taxes are nothing new for G.E. The company has been cutting the percentage of its American profits paid to the Internal Revenue Service for years, resulting in a far lower rate than at most multinational companies.

Its extraordinary success is based on an aggressive strategy that mixes fierce lobbying for tax breaks and innovative accounting that enables it to concentrate its profits offshore. G.E.’s giant tax department, led by a bow-tied former Treasury official named John Samuels, is often referred to as the world’s best tax law firm. Indeed, the company’s slogan “Imagination at Work” fits this department well. The team includes former officials not just from the Treasury, but also from the I.R.S. and virtually all the tax-writing committees in Congress.

While General Electric is one of the most skilled at reducing its tax burden, many other companies have become better at this as well. Although the top corporate tax rate in the United States is 35 percent, one of the highest in the world, companies have been increasingly using a maze of shelters, tax credits and subsidies to pay far less.

In a regulatory filing just a week before the Japanese disaster put a spotlight on the company’s nuclear reactor business, G.E. reported that its tax burden was 7.4 percent of its American profits, about a third of the average reported by other American multinationals. Even those figures are overstated, because they include taxes that will be paid only if the company brings its overseas profits back to the United States. With those profits still offshore, G.E. is effectively getting money back.

Such strategies, as well as changes in tax laws that encouraged some businesses and professionals to file as individuals, have pushed down the corporate share of the nation’s tax receipts — from 30 percent of all federal revenue in the mid-1950s to 6.6 percent in 2009....MUCH MORE
A major story