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Warren Buffett's Berkshire Hathaway Owes Taxes Going Back To 2002

Warren Buffett

First Posted: 08/29/11 09:26 PM ET Updated: 10/29/11 06:12 AM ET

A little over two weeks ago, Berkshire Hathaway CEO Warren Buffett, the third-richest person in the world, penned an op-ed critical of the low tax rates for the superrich. It would seem his own company hasn't prioritized paying its rightful share in a timely fashion either.

Berkshire Hathaway, the eighth-largest public company in the world according to Forbes, openly admits to still owing taxes for years 2002 through 2004 and 2005 through 2009, according to the New York Post. The company says it expects to "resolve all adjustments proposed by the US Internal Revenue Service" within the next year.

But The Post doesn't focus on the issue of a major corporation not paying its correct amount in taxes in a timely manner. Instead, the newspaper criticizes Buffett's position that America's rich should be taxed at a higher rate, taking issue with Buffett's claim that he gave 17 percent of his income to the government in 2010. The Post contends that since the majority of his income comes from dividends and capital games -- taxed indirectly through the corporate income tax -- "his effective rate would really be well north of 40 percent for a big chunk of his income."

"And if [Buffett's] firm wants to keep its tax bill low, well, that’s its right," The Post editors write. "But it would be nice if this 'pro-tax-hike' tycoon were a bit more honest about it."

This isn't the first conservative criticism of Buffett since his Op-Ed. Jon Stewart recently singled out one Fox News commentator who asked if Buffett was "completely a socialist?" Yes, the same man who last week dreamt up a $5 billion BofA deal in the bathtub

What The Post hence assumes is that Berkshire Hathaway pays taxes at the top marginal rate of 35 percent. The corporation's effective tax rate was last put at 29 percent, according to Forbes. More generally, due to a variety of breaks and loopholes, many U.S. corporations don't pay the top marginal rate. Over one-fourth of the U.S. corporations comprising the S&P 500 paid a corporate tax rate below 20 percent over the last half-decade, The New York Times recently reported.

At a minimum, "United States corporations pay only slightly more on average than their counterparts in other industrial countries," according to The New York Times. Indeed, corporate tax revenues are now nearing historic lows as a percentage of GDP.

Even historically, corporate tax rates and capital gains are low. From the 1950s to mid-1980s, the top marginal corporate tax rate hovered around 50 percent, according to Visualizing Economics. The capital gains tax, lowered to 15 percent in 2003, previously hadn't been that low since the Great Depression.

It's not only rich corporations that are legally able to avoid paying taxes either. Some 1,400 millionaires paid no income taxes whatsoever in 2009, according to tax data from the Internal Revenue Service.

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A little over two weeks ago, Berkshire Hathaway CEO Warren Buffett, the third-richest person in the world, penned an op-ed critical of the low tax rates for the superrich. It would seem his own compan...
A little over two weeks ago, Berkshire Hathaway CEO Warren Buffett, the third-richest person in the world, penned an op-ed critical of the low tax rates for the superrich. It would seem his own compan...
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07:44 AM on 10/25/2011
If we really want an economic boom for Americans we need the FairTax which replaces all federal production taxes with one simple retail sales tax that is progressive on consumption because of the FairTax rebates to a family, the taxes spent on poverty level spending. Switching from our current biased, hidden and complex sin tax against consuming American made, to a simple and unbiased consumption tax taxing consumption of imports and domestic made items the same makes American Made products more economically competitive in both America's domestic and international markets.
08:17 AM on 10/25/2011
Also we would no longer have to supply the IRS detailed information about our family and finances. Although, moving to the FairTax would probably be the biggest shift of power from DC back to the citizens. Think how much easier it would be to track how our elected representatives would be selling access to the tax code. We could form a taxpayers' union whose charge would be to monitor congress and report when various groups were trying to get them to exempt their product or service from the retail tax.
07:41 AM on 10/25/2011
Looking at the taxes Warren Buffett pays (though the lens of total taxes on profits), we can take the effective corporate tax rate (Assuming 20%) leaving 80% to be taxed again at 15%. Adding the taxes Warren pays totals an approximate net effective 32%. Using this lens we can say corporations are paying some of Warrens taxes.

In reality taxes against profits or income is a facade, a lie, or smoke and mirrors at a magic show. The only way to look at taxes is though the lens of consumption because the consumer is the one who pays the cost of the taxes. any other lens is like looking though a kaleidoscope. Looking at taxes from the perspective of the consumer sheds some real light on what income really are (a convoluted hidden consumption tax biased against consuming American made), Sin tax for consuming American Made.
HUFFPOST SUPER USER
longnow
Citizens United vs US
09:30 PM on 10/15/2011
I am so glad HuffPo deletes many of the
right wing pro spambot trolls. Do they delete
them fast enough? At least they're staying on
top of the professional right wing comment writers.

How many are there that get paid? Does the RNC use
databases of one liner Obama insults that can be
modified to any topic?
HUFFPOST SUPER USER
longnow
Citizens United vs US
09:02 PM on 10/15/2011
How many companies comprise BH?
I can hear it now...the man who wants to pay
more in taxes owns owns corporations that owe
back taxes. They are not skipping out on anything
they are in open negotiation with the IRS.
10:57 PM on 10/12/2011
Berkshire Hathaway, the eighth-largest public company in the world according to Forbes, openly admits to still owing taxes for years 2002 through 2004 and 2005 through 2009, according to the New York Post. The company says it expects to "resolve all adjustments proposed by the US Internal Revenue Service" within the next year.

Hell, if he Buffet would pay his back taxes, he might not be so big on raising others.
07:25 PM on 10/12/2011
"the majority of his income comes from capital GAMES..."

HAHA.... who writes these things? Do they even read it before they hit "send"?
03:30 PM on 10/02/2011
#1 For the Liberals: There is a difference between using "loopholes" and a criminal action of just not bothering to pay yaxes at all. Like most uber-liberals, Mr Buffett believes he is above the law, yet he can preach to others. Perhaps if Mr Buffett did a couple years in Levenworth, he would obey the law. Also, Ms Huffington fails to point out that when the capital gains taxes were lowered, we had the greatest peace-time economy ever (called Reganomics). I suggest we could lower our deficit if we taxed the 51% of working individuals that are exempt under Obama-nomics.
08:23 PM on 10/12/2011
"adjustments and issues" do not constitute tax evasion nor failure to pay anything."The capital gains tax, lowered to 15 percent in 2003, previously hadn't been that low since the Great Depression." that wasn't Reganomics buddy...GWB! In the early 80's Regan started taking it down from 50% GWB went too far... after he started wars that we should be out of and can't pay for. That 51% you guys keep talking about is a joke. Google Zombie Lie...if you want to learn something about your "facts"
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HUFFPOST SUPER USER
kcwookie
Well behaved workers seldom prosper.
11:09 AM on 10/15/2011
First Mr. Buffett would have to be charged, arrested, and convicted. What crime has he committed? He is resolving his tax issues with the government as we speak, so are millions of other Americans too.

What is your point?
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HUFFPOST SUPER USER
KDK0590
11:10 AM on 09/26/2011
Whining bloodsucking rich.
02:47 PM on 09/22/2011
"It's not only rich corporations that are legally able to avoid paying taxes either. Some 1,400 millionaires paid no income taxes whatsoever in 2009, according to tax data from the Internal Revenue Service."

Let's not forget the 100,000,000+ lower and middle class Americans that paid no income taxes whatsoever in 2009.
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HUFFPOST SUPER USER
KDK0590
12:10 PM on 09/26/2011
Phht! Show THEM a million bucks-I can guarantee you that they will pay more taxes than your average millionaire-AND distribute their wealth equitably. And where you you get your number of 100,000,000+? I'd like to see a link to your research!
01:15 AM on 09/27/2011
Who earned more -- the 1,400 millionaires or the 100,000,000 lower and middle class? In the aggregate. Don't know, but would like to.
12:46 AM on 09/21/2011
Fantastic!
HUFFPOST SUPER USER
lacabrera
11:02 AM on 09/20/2011
Don't tax the job creators they say ,,, the truth is that Warren Buffet has not created one job in about 20 years ,he just collect the money ,from the profits on his investments ,and then give it to Bill Gates ,another one that has not created a job in many ,many years his people just make new products every two months and we keep buying it
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HUFFPOST SUPER USER
Ezio
How can we win when fools can be kings?
10:51 AM on 09/20/2011
Put your money where your mouth is Warren, and stop using deductions.
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HUFFPOST SUPER USER
Davwbaird
Brothers and sisters of the same mother
10:40 PM on 09/20/2011
You would know
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HUFFPOST SUPER USER
john whalen
08:19 AM on 09/20/2011
BOYCOTT Bershire Hathaway!!!!!!
07:33 AM on 09/20/2011
HAHHA. Well, when BoA goes bust, he'll have a $5 billion write off.
11:44 PM on 09/19/2011
I think Mr. Buffet should be paying everyone else's taxes for the next 10 years.