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Christopher Dawson

IRS opens investigation into Google tax practices

By | October 17, 2011, 2:47pm PDT

Summary: Google may have dodged $3.1 billion in federal income taxes over 3 years by funneling profits through subsidiaries in Ireland, the Netherlands and Bermuda.

The United States Internal Revenue Service (IRS) has opened an investigation into Google’s practice of saving about $1 billion a year in federal income tax by funneling profits from its US and European business units into countries with lower tax rates, Bloomberg is reporting.

The techniques Google used, referred to as the “Double Irish” and the “Dutch Sandwich,” involved moving profts through Ireland, the Netherlands and Bermuda in order to get the most favorable tax rates possible. In fact, in the second quarter of 2011, Google paid an effective tax rate of 18.8 percent, about half of the average combined US and state statutory rate of 39.2 percent.

A large part of the issue, according to Bloomberg’s unnamed source, is Google’s valuation of software and intellectual property that was licensed abroad. In other words, Google may be attributing acquisitions (like the $1.65 billion YouTube purchase) to its foreign subsidiaries and paying less in taxes for having done so. It’s estimated that Google may have saved $3.1 billion over three years by following this method.

We’re short on official details: the IRS hasn’t made the audit official and doesn’t comment on individual taxpayers regardless, and the French tax authorities have launched their own investigation but are following that same rule of silence.

The Guardian, which has put together its own timeline of Google’s international money trail, got the following statement from a company spokesperson:

“We have an obligation to our shareholders to set up a tax-efficient structure, and our present structure is compliant with the tax rules in all the countries where we operate. We make a very substantial contribution to local and national taxation and provide employment for over a thousand people in the UK. We also generate significant revenues for other companies, and last year gave more than $6bn to our AdSense publisher partners, including newspapers and broadcasters across the world.”

Or in simpler terms, Google is saying that you can argue all you want about the ethics of this kind of tax strategy, what it’s doing is perfectly legal and ultimately beneficial. And if the brass at the IRS doesn’t like it, it’s up to them to prove Google wrong. But what’s one more legal battlefront to Google?

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Matthew has written about consumer and personal technology for The New York Daily News and comic book culture for ComicMix.com.

Disclosure

Matt Weinberger

Matt Weinberger has no financial investments in the companies he covers.

Biography

Matt Weinberger

Matthew also covers software as a service (SaaS), cloud computing and recurring revenue models for the IT channel at TalkinCloud.com and MSPmentor.net. He has written about consumer and personal technology for The New York Daily News and comic book culture for ComicMix.com. Matthew is a graduate of the Stony Brook University School of Journalism.

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RE: IRS opens investigation into Google tax practices
tkejlboom 21st Oct
@jgm@...

YOU'RE assuming they're lying about where they get their REVENUE, which is STUPID, because they've very clearly laid out that the majority of their revenue is from overseas. IRS can spend time and resources investigating, that's their job. Realistically, everyone knows that they aren't going to find anything.

I think it's absurd that your firm is charged a 39% tax. You're taxed on income separately from that, right? Discouraging companies from conducting business overseas with punitive tax rates is not the solution. We should tax rich PEOPLE fairly, and ENCOURAGE companies to bring money back from foreign markets. HP is proof that even the most inept boards will fire executives who can't think of SOMETHING productive to do with $10 billion. So far government actions have only proven to further restrict distribution of money from corporations into the economy.
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hummm. Government or Google. Who could use this money better??? I wonder. The one who made it, or the one who wants a pay cut.
@tatiGmail

Google = crooks
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My bet is Google is 100% legal on this.
Bruizer Updated - 17th Oct
Argue what you want, but my guess Google is 100% legal on this. Make the tax code simpler if the US government wants to change it.
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You are probably right.
wackoae 17th Oct
@Bruizer That is why we should go FLAT TAX. No deductions, no loopholes, no IRS.

Everybody pays their share and absolutely no funneling money to offshore offices.
@wackoae A FLAT TAX will not get rid of the IRS. The FAIRTAX will. Read more about it at www.FAIRTAX.ORG
@wackoae
What a pipe dream?? No more IRS??? Even with a flat tax someone will need to keep an eye on the crooks. I expect with a flat tax without all the deduction they are allowed, they will cheat more not less. What do you think???
@wackoae If EVERYBODY pays, it it NOT fair. The current federal income tax code provides a very effective redistribution of wealth, where currently only 53% of filers pay anything, and the other 47% either pay nothing or get money back. If you take away this discreet form of welfare, how fair is THAT to poor folks?
@wackoae Maybe the US should price match and lower their tax rates LOL
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@wackoae

None of this is relevant, because none of them address income U.S. companies derive from overseas sources and don't bring back. Again, no one except Google and the IRS have all the details, but looking at the gross numbers presented in this article, Google paid 100% of their U.S. taxes on U.S. earnings, which is a far cry better than GE, GM, or Apple have done. If we go to a "pay it where you made it" model, the U.S. government would still get $0 of the revenue in question. Unless Google brings that money into the U.S., there is no fair, ethical, or legal basis for taking any of it, and that's just tens of billions less spent on jobs in the U.S.
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@LarsDennert

A valid point, the U.K. for instance would rather charge Google 30% to bring it there and make it up in the pay roll taxes. They've been outdone by Ireland, though. After the banking disaster Ireland orchestrated(not the global failure as much as their personal part in the subsidized growth, derivative trading, and bailouts in the form of promising to back 100% of deposits even though that exceeded Ireland's GDP), the datacenters based their are probably the ONLY thing propping up their economy.
This is real easy to fix! Become competitive in the global tax game and you will not see this happening... Keep charging more and more then you will see more of this and more jobs leaving our country.
@Peter Perry Sigh. U.S. corporations are already paying some of the lowest *real* tax rates in the developed world. Please don't weep for poor, oppressed billion-dollar firms.
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Corporations have no feelings!
tkejlboom 21st Oct
@jgm@...

They don't care that you don't like them. It's really simple, the bean counters are already looking at bottom lines and outsourcing to India. Right now, all we're doing by penalizing companies for bringing foreign money back into the U.S. is encouraging them to expand overseas.
@Peter Perry
I believe the fact they shifted taxes from one of the lowest in the world (Ireland) to a lower (Bermuda) says your concept is bs (google it to find the links). Unless all taxes were the same in all countries multinationals will try to move their taxable income to somewhere that gives them the best net.
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@Peter Perry You might want to check on international tax rates. The US has some of the lowest rates in the world.
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this is the lame competition
The Linux Geek 18th Oct
instigating the bureaucrats against the leader in the market.
That sounds about right for Google. They don't care about laws! You know, laws like privacy, copyright, patent . . . and now maybe even tax laws.
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RE: IRS opens investigation into Google tax practices
tommy.perez@... Updated - 18th Oct
Look out Google, the nut job "Occupiers" are coming for you.
@tommy.perez@... That was my first thought too. Some of the occupiers have even mentioned Google by name as not paying enough taxes and sending jobs overseas. The funniest part about the occupiers' argument is they want MORE taxes on the corporations, the same thing that made them look for loopholes and send jobs overseas in the first place! The definition of insanity: doing the same thing over and over again while expecting different results.
@10kwfence So if we just give Google everything it wants and don't make them pay any taxes, it'll all be ok? And if you read Google's statement, they claim they have the obligation to pay the lowest taxes possible. Nowhere to they complain that they were forced to do this by high tax rates, so they'd still do it regardless.

Your ideology is blinding you to reality.
@jgm

You're oversimplifying. If they could make more money by expanding U.S. headcount, they'd still bring it in to the U.S. and pay the tax on it. However, as said rate is just shy of 40%, that U.S. headcount has to be that much more productive than an Indian or Chinese headcount making the exact same amount in U.S. dollars.
@tommy.perez@...
IMHO the nut jobs are those that are not a part of Occupy. Just my$.02 worth!!
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@windozefreak Some of the things the Occupiers are stating - of course it's about as organized as a bowl of spagehtti - are pretty nuts. If they want that crap - head oversee's and they are already a mess with finances.
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@tommy.perez@... LOL - very good.
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I don't see why this is a big deal. Google has set itself up in Ireland and other countries so it can enjoy lower tax rates... and now it's enjoying lower tax rates.
I say good for Google. Ireland set it's tax laws like this on purpose for this very reason and if the US government don't like it well they can go cry about it while they work on REAL methods of reducing the deficit.
@Naryan That doesn't fit with the 'tax the rich' mentality. They want to increase taxes in this country on corporations like Google and force them to do business here so they have to pay those taxes. The cat is out of the bag. We have a global economy and there's no going back. There is and will be, competition for American based business' money from other countries. If we keep demanding more taxes, union wages, caps on earnings, etc, we won't have any business left in this country a few years from now.
@Naryan No, we can do exactly what we're doing now... sic the IRS on Google. The problem is they're supposed to pay tax rate X, but by falsely attributing profits to a foreign firm, they're paying a much lower tax rate Y. Meanwhile, those of us who do things like have a service business where we do most or all of the service (say, consultant, doctor, lawyer) are required to pay the MAXIMUM tax rate possible for corporations, regardless of profit!

So, yes, I DO have a problem when a billion-dollar company is playing tricks to pay less taxes than the two-person consulting company I was minority owner of for eight years. You should do, but part of America seems to have Stockholm Syndrome and feels the need to defend the people that are screwing them and requiring them to pay more in taxes to make up for it.
@jgm@...

YOU'RE assuming they're lying about where they get their REVENUE, which is STUPID, because they've very clearly laid out that the majority of their revenue is from overseas. IRS can spend time and resources investigating, that's their job. Realistically, everyone knows that they aren't going to find anything.

I think it's absurd that your firm is charged a 39% tax. You're taxed on income separately from that, right? Discouraging companies from conducting business overseas with punitive tax rates is not the solution. We should tax rich PEOPLE fairly, and ENCOURAGE companies to bring money back from foreign markets. HP is proof that even the most inept boards will fire executives who can't think of SOMETHING productive to do with $10 billion. So far government actions have only proven to further restrict distribution of money from corporations into the economy.
Since when IRS has to prove a tax payer is wrong? It has always been the other way around: if they audit you, you have to prove your innocence (at least if you are a small guy).
The IRS is the largest blight on the American economy. The FAIRTAX will eliminate the IRS and put an end to this gestapo behaviour once and for all. No wonder our companies are moving overseas! Check it out at www.FAIRTAX.org
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Riiiight...
spdragoo@... 18th Oct
@jw_h@...

A government agency in existence for over 150 years, one responsible for collecting the tax & auditing the returns -- but not responsible for creating the Internal Revenue Code that it enforces (hint: Congress is responsible for that) -- is magically now responsible for the economic crisis we're seeing now...instead of the "robo-signing" mortgage scandals, buyouts/buyoffs for Wall Street, & otehr financial issues of the past ferw years?

And despite just a cursory glance at that website, I don't see *anything* that talks about who's going to collect this tax, or enforce the collection & reporting of the tax. Remember, that's the problem most states are running into with sales tax collections: when they can't make the online retailers collect it up front, they find the vast majority of poeple *don't report it voluntarily*. What, you thought only the very rich tried to weasel out of paying taxes? Try an online search for tax evasion news stories, & you'll find it's most often perpetrated *by the tax preparers*, filing falsified returns *for lower- and middle-class clients*, then pocketing the extra money themselves.

Psst.. I have a bridge available for sale to you, too...
@spdragoo@...
You are partially right but by just a little. I ran a tax preparation service for 7 years. Out of all the preparers in Sacramento, California at the time (tens of thousands) 4 was found to be doing what you describe. Tax preparers are hard working, honest bunch who have the objective of helping their clients file a complete and accurate tax return.

When I first started out I would get asked how much do you think I'll get back. I would answer I don't know but I will tell you when we get to the refund and or payment due line. In subsequent years I didn't get the question!

Now, check out the number of penalties and other violation of rules fines some of the corporate preparing entities payout and you will be in the multiple millions of dollars. Of course, none of them ever goes to jail. I guess that is the privillege of being a court created human vs a God created human.

However, most tax preparers provide an essential service, given the circumstances. Most are professional and honest!
@jw_h@...
How sad when people do not know how their country works. what you are talking about will only happen if we get rid of congress. congress writes the tax laws; the IRS only enforce the laws that congress wrote. Anything else would be a derilection of duty as a minimum and criminal action could ensue. But you are with the few , who blame the complainers and not the ones responsible for the actions that drew the complaints. Certain fraudulent congress persons will come out and villify the IRS, eventhough they are the ones at fault. It is akin to all of those who would vilify the Occupiers for exercising their right rather than fault those that stole their retirement funds siphoned of their homes by fraudlently means. When you figure it out, get back to me--I'm liberated!!
Google and Apple are the worst tech offenders but all the major companies do it to some degree. They don't pay taxes on profits and they don't distribute profits to shareholders who would then pay taxes on that income. As a result our economy suffers while corporations reap record profits.
@mswift@... Yeah, because they're the only companies that do it. Spare me the faux outrage.

Until GE and those Wall Street firms are prosecuted for the gargantuan fraud they have perpetrated, this is nothing more than political.
All the big corporations do this, their stockholders would probably sue if they didn't. Get rid of the loopholes if you want to collect the money. And while you're at it kill oil company subsidies and loose tax cuts for the wealthiest 1%.
I find it amusing that Google is singled out for this while there are other companies doing the same ******* thing with larger amounts of money and they're heralded as icons of the free market? Give me a break. Wake me up when GE is investigated.
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As Judge Learned Hand of the U.S. Supreme Court once said: "Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury."

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