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Apple, Google, Amazon Pay Corporate Income Tax Well Below Official Rate

Posted: 04/17/2012 12:02 am

Apple Corporate Income Tax

How much of your income went to taxes this year?

There's a decent chance Apple Inc. paid a smaller share.

That's the contention of a report released Tuesday from the Greenlining Institute, a research and public policy non-profit based in Berkeley, Calif. The report argues that Apple, which reported profit of $13 billion in its latest quarter, paid just 9.8 percent of its 2011 income in taxes. Apple, the world's most valuable company, is one of many blue-chip tech companies whose 2011 federal income taxes checked in at something well below the marginal 35 percent corporate rate.

"We looked at high tech specifically because they were making so much profit," Samuel Kang, general counsel for Greenlining and a co-author of the report, told The Huffington Post. "They were one of the few industries making not just profits, but record profits, during the economic downturn."

Greenlining's report arrives just as tax season draws to a close -- and as debate continues in Washington over how much of a burden the country's wealthiest people and corporations should be asked to bear.

The U.S. tax code, and the leniency it often affords the well-off, has emerged as a dominant theme of this election cycle, with figures as diverse as Warren Buffett and Occupy Wall Street demonstrators citing it as a concern. President Barack Obama's campaign team has used the relatively low tax rate paid by Mitt Romney, the presumptive Republican nominee for president, as ammunition against Romney, even as Obama has called for a lower top tax rate on U.S. corporations.

For anyone dismayed at the way those corporations often seem to sidestep the brunt of their tax burden -- sometimes paying nothing at all in federal income tax despite billions in profits -- Greenlining's report offers much to fret over.

The report, which examined 30 tech companies within the Fortune 500, argues that these companies paid an average corporate tax rate of just 16 percent in 2011 -- less than half the official 35 percent tax rate that Obama and Romney have each said is too high.

Apple paid a top tax rate of just 9.8 percent in 2011, the report says. Google paid a rate of 11.9 percent, while Yahoo paid 11.6 percent and Microsoft paid 18.9 percent. Xerox paid 7.3 percent of its income in taxes, while Amazon paid only 3.5 percent, according to the report.

None of these instances is as egregious as, say, General Electric, which was once infamously reported to have paid no federal income taxes in 2008, 2009 or 2010 -- an assertion that the company disputed -- and which has reportedly paid an average corporate tax rate of just 2.3 percent over the past decade, according to an analysis by the group Citizens for Tax Justice.

Still, among those familiar with tax policy, the practices described in the Greenlining report might raise some eyebrows. For the sake of comparison, the report says, Apple (and Xerox and Amazon) paid a lower tax rate in 2011 than an American household making $42,500 a year.

While Microsoft's tax rate was lower than the nominal corporate rate, it was higher than the 16.4 percent rate the company paid last year, according to Greenlining. Apple, Google, Amazon, Yahoo and Xerox, on the other hand, all paid a lower rate this year than they did last year.

Greenlining researchers said their figures are based on company filings with the Securities and Exchange Commission.

A representative from Xerox told The Huffington Post that the company's effective global tax rate in 2011 was 24.7 percent, higher than the 7.3 percent U.S. rate described by Greenlining. A Yahoo spokesperson declined to comment.

Google did not respond to a request for comment. Apple and Amazon did not make spokespeople available to discuss the report.

Many of the companies named in the report keep large portions of foreign earnings overseas, rather than bring them back to the U.S. where they can be taxed. Greenlining estimated that the 30 companies analyzed in the report have a combined $430 billion offshore -- money that the U.S. government, for the moment, can't tax, even as the country scrambles to plug budget gaps at the federal, state and local levels.

"it's unfair, and ultimately it's going to have an impact on all of us," Kang told HuffPost, in reference to companies' efforts to keep their earnings beyond the reach of the tax collector. "When you look at who's left holding the bag and who has to make up the difference, it's all of us as individuals."

Several of the tech companies examined in the Greenlining report, including Apple, Google and Microsoft, support a legislative push for a so-called tax repatriation holiday -- a one-time event that would allow companies to bring their overseas cash into the U.S. at a drastically reduced tax rate, which advocates say would spur new economic activity.

Congress approved a repatriation holiday in 2004, but the consensus among economists has been that its effects on investment and job creation were negligible.

"The firms that brought money back [in 2004] were not the same firms" that engaged in new hiring or investment, said Fritz Foley, an associate professor at Harvard Business School. "Most of the studies didn't find much evidence of job creation among repatriating firms."

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10:09 PM on 04/18/2012
Where's the link to the actual report?

I've looked at Apple's 10Ks and 10Qs and they pay roughly 24 to 25% on their global income in taxes. Previous studies have shown that Apple's US income is taxed at 31%. Their foreign income is taxed far lower, and that Apple has set aside US corporate income taxes on about 2/3rds of their foreign income pending repatriation. 1/3rd of their foreign income has had no US corporate taxes set aside, as they have decided to use that portion as foreign working capital with no intention of repatriating it. In other words, about 7/9ths of Apple's global income is taxed at US rates, and 2/9ths of Apple's global income is taxed at relevant foreign tax rates which are far lower. The net result is Apple paying about 24 to 25% in taxes, though as noted above, some is pending repatriation.

The only way I can square the unlinked story to the 9.8% taxes paid, is that they are taking the 31% taxes paid on US income, which is about 1/3rd of Apple's total, which might work out to a little under 10%, and then assuming Apple pays virtually nothing in foreign taxes, which may be possible if Apple's foreign income is all taxed in Ireland, and then not giving Apple any credit for the taxes set aside pending repatriation.
05:11 PM on 04/17/2012
Yes in North Carolina the top 15 % income earners pays an average 12% income tax.
04:50 PM on 04/17/2012
i dont care what anyone says...marijuana is bad for you. think of every pothead burnout you ever met. there is clearly something wrong with their brains.
07:32 PM on 04/19/2012
but the alcoholics and cigarette smokers are rocket scientists.
HUFFPOST SUPER USER
Suresp77
Your constitutional rights stop where mine start!
03:24 PM on 04/17/2012
For shame Apple, for shame! Cough up the cash, you can afford it and it would shame everyone else into doing the right thing. Show you can be ethical, it will reap you so much in consumer goodwill.
07:35 PM on 04/19/2012
the way to create empires and control is fascism. a set of rules for the owners, a set of rules for the peasants.

america has been a third world country for some time.

if voting changed anything it would be illegal.
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HUFFPOST SUPER USER
Thanks4Watching
Daily dose of cynicism
01:34 PM on 04/17/2012
I read stories like this, and I wonder what the point of tax cuts for the rich even is, when they barely pay anything anyway.
05:10 PM on 04/17/2012
Thats the Corporate GOP American dream,get rich and pay no taxes.The hell with everyone else and the infrastructure they use to make their tax free billions.
01:22 PM on 04/17/2012
We saw another perfect example of how messed up our code it with the POTUS's release of the Obama family tax return. He made more than a 3/4 of a mill, but only paid 20% tax. Same principal applies here. If your wealthy enough, or large enough, you can hire some that either knows all the tricks of the trade, or you can have special loopholes built into the code just for. Both ways you end up with a lower tax liability, and both add regressivity to the code

Instead of increasing taxes, we ought to be lowering them, but eliminated loopholes, so if your rate is 20%...you pay the 20%. Tax law shouldn't be used to influence the populace or corporations actions.
01:14 PM on 04/17/2012
Demonizing any individual or company that pays only the amount of tax required is just plain unfair and wrong. They are not the problem! If you want the tax code to be more equitable, write your Congressman.
HUFFPOST SUPER USER
Suresp77
Your constitutional rights stop where mine start!
03:41 PM on 04/17/2012
holding all that money overseas is wrong and unfair. Its not per se the tax code, but rather the fact that there are few consequences for bending it and few officials to enforce it. Yes, corporations and rich people should be forced, shamed into paying their fair share. I fall in there and my tax bill hurts, but its the price of success. Its unconscionable to cheat and make someone else (poor, retirees, veterans, disabled, children take your pick) suffer because of my greed.
07:39 PM on 04/19/2012
agreed. the question should be the legality of the federal income tax. before the civil war congress passed an income tax, to fund the war, after the war was over, that federal income tax as declared unconstitutional.

when and who gave the authority to the federal government, to put a TAX, on peoples personal property?

Imagine this idea of america, taxation without representation, rights to your personal property. If it is to be assumed we all owe a graduated tax on our income, by the federal government, what the hell is freedom for, if you are a slave to currency? The very thing the founders wanted to free us from.

Even after the 16th amendment, the supreme court ruled it gave no new taxing powers.
01:06 PM on 04/17/2012
Apple should pay low taxes... after all they have congressmen to buy and pay for manufacturing in China. Why are people surprised that corporations don't pay lots of taxes?
05:14 PM on 04/17/2012
I'm not a bit surprised ,but to Hear all the GOP rhetoric being spewed by Faux Noise and the Republican party about the US having the highest corporate tax in the world,pretty much makes liars out of all of them.
12:38 PM on 04/17/2012
Considering that 75% of Apples money is off shore, not paying their fair share of anything is not surprising.
11:26 AM on 04/17/2012
Hmmm....where's the outcry when GE didn't pay any taxes?
Reform the tax code and simplify it, so that no ONE regardless who you are pays taxes. That includes the 47million Americans who don't pay a dime. And,. I'm talking about federal taxes and state/local taxes.
HUFFPOST SUPER USER
Cael
05:01 PM on 04/17/2012
There was outcry years ago when that happened.
05:20 PM on 04/17/2012
THe working poor needs to pay no income tax.The people at the top of the income feeding chain and making all the revenues needs to pay over 50% of their income.Instead of buying another vacation home.The people that have benefitted the most needs to pay prettty much all of it.They own over 80% of the wealth in this country so let them pay 100% of the taxes and allow the working class to actually live instead of survive.
10:07 PM on 04/17/2012
Sorry, but I disagree with you about the top paying a 100%. Where would the jobs come from? Who would want to innovate technology if there are no rewards? Or, are you implying a collective society where everyone would earn the same? How would that work? There will always be someone on the top earning more. And that my friend I would definitely not want. I don't have a problem helping the poor, but I prefer to help them getting out of poverty and giving them opportunities like everyone else.

The problem today is the crony capitalism and not capitalism itself. Crony capitalism is a disease in both political parties. Stop the cronyism and let anyone reach their dreams. Good example of cronyism, IMF Global bilked $1.2Billiion from segregated funds and NO ONE from IMF was held accountable. John Corzine is still roaming free. But, if you or I fail to pay our taxes, the government would seize our property.

If the tax code was simplified and fair, then companies would pay taxes and the People would pay a lower rate.

One final note. People need to learn to live within their means. Trying to live like the Jones is only going to hurt them. I'm tired of the "it's about me" society where people expect something from someone because they in their infinite world deserve it without earning it.
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HUFFPOST SUPER USER
Max Load
Politicians: What you see is never what you get.
10:38 AM on 04/17/2012
So where was this level of angst last year, when it was announced that the companies listed in the article linked below paid below the rate Apple is paying, or no taxes at all?

Oh, right, they don't have an "i" in front of their products and therefore aren't sexy enough for consideration.

http://blogs.suntimes.com/sweet/2011/03/ten_giant_us_companies_avoidin.html
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HUFFPOST SUPER USER
Carbon Forteetoo
Not enough characters to say anything clev
10:33 AM on 04/17/2012
Did Apple lobby for the current tax rate/breaks? Or are they just benefiting from the lobbying of others?
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HUFFPOST SUPER USER
ResearchtheFacts
Alert, awake & paying attention to the details.
10:31 AM on 04/17/2012
Wow, this site gets a million hits or so a day and only 21 now 22 apple comments. Sort of says it all.
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Erdgeist
per omnia extrema
09:57 AM on 04/17/2012
Need more dough America? Try tariffs. Tariffs worked in the past to generate a massive amount of revenue (which is why our ancestors paid very little in taxes) - tariffs can work again.

Good reading for you pseudo-skeptics and right-wingers: Opening America's Market: U. S. Foreign Trade Policy since 1776 by Alfred E. Eckes Jr.
MrStat1
I believe in the rule of law
12:40 PM on 04/17/2012
How fast can you say trade war? You will kill the import-export industry in the US.
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Erdgeist
per omnia extrema
04:48 PM on 04/17/2012
We have tariffs now on many items to prevent the Chinese from dumping. The US became an economic super power by means of tariffs - not by free trade. You really need to read Eckes' book.
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baxtron
tek phlarpt
09:56 AM on 04/17/2012
Good products + near slave labor + corrupted politicians = record profits. A new way of thinking.
MrStat1
I believe in the rule of law
12:40 PM on 04/17/2012
Then that's just the way it is in your mind.
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baxtron
tek phlarpt
12:53 PM on 04/17/2012
and mathematicians minds.