Apple's taxing problem

New York Times accuses Apple of tax avoidance on a large scale

The New York Times has published an in-depth look at Apple's tax arrangements, which finds that the computing company avoided paying around $2.4bn federal income tax in the US last year. The company paid, worldwide, tax of $3.3bn on profits of $34.2bn, although it does not break down what proportion of that tax is paid in what countries, nor does it detail which years the tax is due to – as Worstall points out, American corporation tax is usually deferred, so some of that tax will actually be on last year's profits rather than this years.

Tax avoidance stories always raise the question of definition. In this case, for instance, much of Apple's tax bill will be naturally reduced by the fact that the company sells 64 per cent of its products outside of its American home, and makes almost everything in China. Since it doesn't have to pay American tax on something made in China and sold in Ireland, it perfectly acceptably reduces its liability.

Yet as with all of these stories, that sort of reduction is not all that the company is doing. Many of their accounting structures seem to be put in place with the sole purpose of abusing the tax laws of multiple nations to pay as little as possible. Take, for example, the accounting technique improbably known as "double Irish with a Dutch sandwich". If Apple sells something in the UK, the profits are accountable to an Irish subsidiary, which then passes them on to a Dutch company taking advantage of European capital mobility, then back to a second Irish company which is technically owned by a company in a country with a 0 per cent corporation tax rate.

On paper, then, the majority of Apple's profits are made outside of the US. Despite the fact that the majority of sales are also made internationally, the NYT points out that:

The majority of Apple’s executives, product designers, marketers, employees, research and development, and retail stores are in the United States. Tax experts say it is therefore reasonable to expect that most of Apple’s profits would be American as well. The nation’s tax code is based on the concept that a company “earns” income where value is created, rather than where products are sold.

Even when profits make it into the United States, Apple still moves them in ways that seem wholly to do with paying lower taxes. The company makes all of its corporate investments through a subsidiary with the pun-tastic name Braeburn Capital, which is based in Reno, Nevada – 200 miles from Cupertino, and with a 0 per cent state corporation tax rather than California's 8.84 per cent.

Apple is far from alone in behaving like this, but the company has managed to retain a remarkably spotless image while growing to become the biggest in the world. They already suffered greatly from the perception that they were callously mistreating their workers in China, and this report could create a problem almost as large.

San Francisco, California. Apple reported a 93 percent surge in second quarter earnings with a profit of $11.6 billion Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

Photo: Getty
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We know what Donald Trump's presidency will look like - and it's terrifying

The direction of America's 45th president plans to take is all too clear.

Welcome to what we may one day describe as the last day of the long 20th century.

“The Trump Era: The Decline of the Great Republic” is our cover story. “Now the world holds its breath” is the Mirror’s splash, “Protesters mass ahead of Trump's presidency” is the Times’, while the Metro opts to look back at America’s departing 44th President: “Farewell Mr President” sighs their frontpage.

Of today’s frontpages, i best captures the scale of what’s about to happen: “The day the world changes”. And today’s FT demonstrates part of that change: “Mnuchin backs 'long-term' strong dollar after mixed Trump signals”. The President-Elect (and sadly that’s the last time I’ll be able to refer to Trump in that way) had suggested that the dollar was overvalued, statements that his nominee for Treasury Secretary has rowed back on.

Here’s what we know about Donald Trump so far: that his major appointments split into five groups: protectionists, white nationalists, conservative ideologues,  his own family members, and James Mattis, upon whom all hope that this presidency won’t end in global catastrophe now rests.  Trump has done nothing at all to reassure anyone that he won’t use the presidency to enrich himself on a global scale. His relationship with the truth remains just as thin as it ever was.

Far from “not knowing what Trump’s presidency will look like”, we have a pretty good idea: at home, a drive to shrink the state, and abroad, a retreat from pro-Europeanism and a stridently anti-China position, on trade for certain and very possibly on Taiwan as well.

We are ending the era of the United States as a rational actor and guarantor of a degree of global stability, and one in which the world’s largest hegemon behaves as an irrational actor and guarantees global instability.

The comparison with Brexit perhaps blinds many people to the scale of the change that Trump represents. The very worst thing that could happen after Brexit is that we become poorer.  The downside of Trump could be that we look back on 1989 to 2017 as the very short 21st century.

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.