No Tax Holiday for Multinational Corporations
Saturday 11 June 2011
by: Dr. Eileen Appelbaum, Truthout | News Analysis
According to a report by Bloomberg, Google used these techniques to cut its tax rate to 2.4 percent and its taxes by $3.1 billion over the three years from 2007 through 2009. The company's top two markets by revenue are the US, with a 35 percent corporate income tax rate, and the UK, with a 28 percent rate, yet Google - using practices widely employed by global companies - dramatically reduced its tax rate.
At the heart of this strategy is the transfer of rights to intellectual property developed in the US - often, as in Google's case, with early research funded by US taxpayers through the National Science Foundation - to a subsidiary in a low-tax country. Foreign earnings based on the technology are then attributed to the subsidiary. Google transferred its search and advertising technology for much of the world to its Irish subsidiary at a price sanctioned in 2006 by the IRS. But even the much-vaunted low Irish taxes were not low enough for Google. That's where the "double Irish" and the "Dutch sandwich" come in.
Here's how it works. In the "double Irish," Google establishes two subsidiaries in Ireland. Google Ireland Holdings, managed from Bermuda, licenses intellectual property rights to Google Ireland Limited, which sells advertising rights in Europe, Africa and the Middle East and collects the advertising revenue. Google Ireland Limited keeps a fraction of these revenues and, ultimately, pays the balance in royalties to Google Ireland Holdings which, under Irish law, is a Bermuda company. No taxes are paid on these royalties because Bermuda has no corporate tax.
Ireland does have a 20 percent withholding tax that it would collect if royalties were paid to Google Ireland Holdings directly. That's where the "Dutch sandwich" comes into play. A Dutch subsidiary, Google Netherlands Holdings, is "sandwiched" between the two Irish subsidiaries. Google Ireland Limited actually pays the royalties to the Dutch subsidiary, which then pays the royalties to Google Ireland Holdings. Irish law exempts this type of royalty payment to companies in other EU countries from the withholding tax.
Google is not alone. Hundreds of multinationals - including Microsoft, Oracle and Eli Lilly - use these ploys, with a foreign tax haven as the ultimate repository for the firms' overseas profits. This kind of income shifting - known as transfer pricing - can significantly increase a company's earnings and share price.
Companies continue to owe taxes to the US government on these overseas earnings - technically, the taxes have only been deferred. But the taxes don't come due until the profits are brought back to the US - that is, repatriated. And companies do want to repatriate these profits.
A dozen large multinationals have joined the "Win America Campaign" to lobby for a tax holiday, so US companies can bring foreign profits home. In 2004, when Congress last declared a tax holiday, much of the $900 billion that corporations held abroad was repatriated at a reduced tax rate of just 5 percent. Today, US corporations hold roughly $1.43 trillion overseas. The demand for a tax holiday clearly indicates that parking profits overseas is a tax-avoidance strategy, not a business necessity.
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