MULTINATIONAL COMPANIES LIKE MICROSOFT, APPLE, STURBUCKSAVOID BILLIONS
IN TAXES DUE TO ECONOMIC COMPETITION AMONGST NATIONS
SUBJECT: LB5214 CURRENT BUSINESS ISSUE Student ID: 12898114 CREATED BY (NAME): SAMIR SARKAR LECTURER: TAN BOON ANN TUTOR: J AIME WONG 2 EXECUTIVE SUMMARY Some of the biggest names in technology Apple , Microsoft ,Google ,IBM ranked in the top 15 of the 100 public-traded companies avoid paying taxes in the U.S on their profits .These companies avoid paying taxes by using accounting tricks to make profits. They used to shift profits outside the country to some other country with minimal or no taxes. According to a report companies like Microsoft, Google, Apple held $800 billion offshore through a combined 860 tax haven subsidiaries. A recent study found that Apple pays almost no taxes on the $105 billion it boos offshore. Apple has structured three subsidiaries by manipulating tax loopholes in U.S and other countries .The average tax rate these companies paidis just 7% which is much lower than 35 % U.Scorporate tax rate.As reported Google is operating 25 subsidiaries in tax havens but disclosed 2 in 2010.Microsoft disclosed 5 out of 10 subsidiaries in 2012.Strong action can prevent corporations from using offshore tax havens and this will also restore basic fairness to the tax system. Companies like Starbucks, Microsoft and Appleavoid tax by applying several methods like transfer pricing etc. TransferPricing is the pricing arrangement used by a company to provide service to its associate enterprises.Sometimes more than one countries engage among themselves in tax competition to attract MNCs.In the time of recession when tax rates are low then these companies doesnt only generate employment but also helpful for these tax competing countries to gain high taxes.Tax evictionhelps these MNCs to show less and less profit.MNCs establish their headquarters in low tax countries and enjoy the infrastructure of high tax countries. Thishelp them to shift profit between countries.But on the other hand when questioned about that,these companies deny the allegation of tax ovationby saying that they obey the tax legislation of the respective countries.these companys tax evasionaggravated more because tax structure in different countries are different so proper assessment of MNCs income and expenditure cannot be done. Corrective actions are ASAP requiredto be taken by respective Govt. of those countries in which MNCs run their business and pay tax. 3 Table of Contents EXECUTIVE SUMMARY ............................................................................................................ 2 INTRODUCTION: ......................................................................................................................... 4 BACKGROUND: ........................................................................................................................... 5 ASPECTS OR ISSUES & PROBLEMS: ....................................................................................... 6 DISCUSSION................................................................................................................................. 7 RECOMMENDATIONS:............................................................................................................... 9 IMPLEMENTATION PLAN....................................................................................................... 10 REFERENCES: ............................................................................................................................ 11 4 INTRODUCTION: Now a day there are exits servile multi- national company those are do their business to make profit and give benefit to the society .but on the other hand this company avoid a huge amount of tax to a largest time. These companiesare apple Microsoft, Starbucks etc. Top global multinational companies like Google, Microsoft, and Starbucksmake profits through subsidiaries to offshore centres such as Cayman Islands, Bermuda to avoid paying taxes in the countries where their goods are produced and in those where they are consumed. Gland House is a five- story office building in Cayman Islands. It levies no income tax on the companies incorporated there just by registering subsidiaries. They use legal accounting gimmicks to make their earned profits appeared in a way that are earned in Cayman and thuspay 5 BACKGROUND: In the recent year multinational companies like Microsoft, apple,Starbucks theydoing business and provide benefits in our society but they avoid billions in taxes due to economic competition amongst nations.in the recent year globalizationthe problem of tax avoiding has become enormous issue.MNCs have develop strategyto dominate the business world and business corporation tax rate across the world.There for it is relativelyeasy for company to reduce their tax burden by locating theirheadquarter in low tax country.This way any profit that a subject to low tax rate and thus company are accused of descries the government tax revenue .Many may consider that this company have done wrong. Because many screams in the tax avoiding are legal and clear way of using the system.However the business environment demented by the giant like apple Microsoft.Impact of tax avoiding may not only belong the government to propertycompany like apple Microsoft haven unfair advantage over domestics best company i.e. other company in the country dont have the same ability that they have to located country overseas. 6 ASPECTS OR ISSUES & PROBLEMS: Various problems regarding tax ovationare as follows:- 1) Proper assessment of income and expenditure cant be made because of different tax structure in different countries in which they run business. 2) MNCs show faulty figure (lower) of profit to avoid tax. 3) MNCs avoid tax and the burden of which are fallen into the common public of the countries in which MNCs run business. 4) Accounts of the MNCs are being manipulated by the managers of the MNCs to avoid tax. 5) GNP (Gross National Product) and GDP (Gross Domestic Product) of the countries in which the MNCs run their businessshow faulty figures as these companies pay much less tax than they should pay and manipulate accounts. 6) Proper picture of the business of the companies are taken far away from the eyes of the shareholder, investors, suppliers etc. 7) The price of the productsof these MNCs rises and the common public suffers.like the I- phone 4 costs about $500 in retail, but how many people know that it actually cost just $187.50 8) The owners of these MNCs have income which hasno valid documents. 9) If these MNCs evade tax but cant escape then their corporate image in the market is destroyed. 10) Tax elationalso affectsthe quality of the product being produced by these MNCs. There are threemain componentsconsists of GDP growth in any country that is Government Investment,export,and consumption.so if the multi-national company like apple Microsoft etc.avoidedtheir tax than economy slowing down.Gross Domestic Product of the countries in which the MNCs run their business show faulty figures as these companies pay much less tax than they should pay and manipulate accounts. MNCs avoid tax and the burden of which are fallen into the common public of the countries in which MNCs run business 7 DISCUSSION Companies like Microsoft,Starbucks,and Applehave been accused of both tax avoidance and tax elation.Thesecompanies sometimes pay much less tax than they should by cleverly applying tax enationmethod. Dueto the consequencesof globalization many multinational companies are developed now a days whohave to run their business among several(more than one) countries.As because tax structure is different in different countries these companies have an advantage of shifting their headquarters to low tax countries to avoid or pay much less tax than they should pay.These companies avoid billions of tax.Sometimes contracts are signed in low tax countries just to pay much less tax than the correct amount.So the Govt. of those low tax countries isdeprived of the tax amount. Some people argued that this practice is not an illegal one but just a clever way to avoid tax. By avoiding huge amount of taxation multinational companies give competition to the small companies.This happens in a particular way. Small companies because of their inability to relocate their business to low tax countries,they have to pay full amount of tax.Whereas just because of their ability multinational companies shift their headquarters or business and sign contracts in low tax countries.MNCs show much less profit to avoid or reduce taxation. This practice compel the small companies becomes incompetent and at last they are compelled to leave the market.As because tax structure is different in different countries,this brings an advantage to the MNCs of not having aunique or universal tax structure because MNCs run their business among more than one country.So simultaneously proper assessment of income and expenditure of these MNCs by respective Govt. cant be done.So this brings a chanceto the MNCs to avoid or pay much less tax than they should pay. For several reasons MNCs choose to establish operations in different countries. Those are-to enjoy the local raw materials to produce goods,to employ the local labours in chip rate.On the other hand several countries engage in competition amongthemselves to attract MNCs.Because it is helpful in many ways.Like in the time of recession when tax rate takes down then it will be helpful to generate employment for those countrys people by the MNCs and also the countries 8 are enable to gain high tax from these MNCs.So several countries becomes engage among themselves in tax competition.Tax competition is described as the adaption of tax policy by the Govt. to attract new investment. If we see total income of apple of the financial year 2009-2012 is $30billion but they cannot makes any corporate income tax return file or not paid any income tax to any national government last five years. A recent study found that Apple pays almost no taxes on the $105 billion it boos offshore. Apple has structured threesubsidiaries by manipulating tax loopholes in U.S and other countries. Now a daywith the help of International Tax Law MNCs have an opportunity of shifting profit and loss between high and low tax countries. These providea chance for them to enjoy good infrastructure in high tax countries and tax advantages in low tax countries. By transfer pricing method MNCs can shift their profit between several countries according to their need.Transfer Pricing is the pricing arrangement used by a company to transfer physical goods and intangible property or to provide services to associated enterprises. However when MNCs applythe practise of shifting profits out of the local economy then tax enationand tax avoidance occurs and ultimately the burden is shifted to the common people of the country. But interestingly many times these MNCs dont consider themselves as tax avoiders. Not only that they claim that they always follow ethical business practice and obey tax legislation which is not true. Socorrective actions are requiredto be taken by respective Govt. of hose countries in which MNCs run their business so that MNCs cant avoid or pay much less tax than they should pay. Interestingly, these companies do not consider themselves tax avoiders. Companiesthat use tax havens to shift profits make claim that they maintain highethical standards, engagein socially responsible business practices and obey boththe letter and spirit of tax legislation (Christensen 2012). 9 RECOMMENDATIONS: The government has to take servile corrective step to rectify the problems of the tax for this multi -national company like apple, Microsoft, Starbucks etc.the main step are auditors should be appointed by the government who will check the account related information of various multi- national company so that proper assessment of income of expenditures of various multi-national company can be done properly. The law regarding taxes of servile country should be amended according to the need of the government. Theinformation on the ICS that is import control system and links to the technical document that will be benefit to control of import and exportgoods.If the government control exporting goods outside system that is National Export System (NES) use for to send mandatory export declarations midlandexport summary declarations(EXS) electronically and mandatory use of export control system (ECS) in every port. 10 Implementation Plan: I suggested that if government makes some law or some rules like if government check their bank account properly by national law than multi-national company cannot avoid tax. So it is true that if The government has to take servile corrective step to rectify the problems of the tax for this multi -national company like apple, Microsoft, Starbucks etc.The information on the ICS that is import control system and links to the technical document that will be benefit to control of import and exportgoods.If the government control exporting goods outside system that is National Export System (NES) use for to send mandatory export declarations naiad export summary declarations(EXS) electronically and mandatory use of export control system (ECS) in every port. The main step are auditors should be appointed by the government who will check the account related information of various multi-national company so that proper assessment of income of expenditures of various multi-national company can be done properly. The law regarding taxes of servile country should be amended according to the need of the government. 11 REFERENCES: 1.) http://www.dailymail.co.uk/news/article-2328121/Apple-tax-US-politicians-Apple- avoiding-BILLIONS-taxes-setting-dummy-HQ-haven-Ireland-says-innocent.html 2.) http://customs.hmrc.gov.uk/channelsPortalWebApp/channelsPortalWebApp.portal?_nfpb =true&_pageLabel=pageImport_Home 3.) http://www.businessinsider.com/apple-microsoft-avoids-taxes-loopholes-irs-2013-1 4.) http://www.huffingtonpost.com/2012/09/20/microsoft-taxes-profits- offshore_n_1901398.html 5.) Economic Policy, Volume 62, November 2013, Pages 989-1001Muhammad Khalid Farooq, S. Kumar, Ram M. Shrestha 6.) National tax journal,Publisher-National Tax Association,Date-2009,Volume- 62,Pages703 725 7.) TAX AVOIDANCE, PRIVATE COMPANIES AND THE FAMILY,Publication Title- Cambridge Law J ournal Publisher Cambridge University Press Date 03/2013