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Re:Spanish authorities raid Google offices over tax by melenaboija on Thursday June 30, 2016 @11:31AM (#12009227)
I don't think there is a justification for big corporations to do what they do and they have to be pursued. I've been working for a bank in a tax haven in Europe and I've seen that financial engineering powerful people use has been a known and accepted tool for the governments for a while, and now that Europe is living a financial crisis governments start asking.

These companies play in an absolutely different league than employees, self employed and small companies in Europe where they make you pay strictly all the taxes to mantain our social structure. They have big teams of lawyers, financial experts and advisors specialized in tax havens just to make grow their revenues in billions avoiding to pay taxes in the countries they have presence.

Totally unfair for regular people like me.

http://www.uspirgedfund.org/reports/usp/offshore-shell-games...

Re:Spanish authorities raid Google offices over tax by dailo10 on Thursday June 30, 2016 @02:19PM (#12010582)
There are multiple aspects at play here:

1. Fiduciary responsibility - Corporations have a financial objective to minimize their tax burden, in order to maximize shareholder value. Sure.

2. Legality. There are numerous loopholes that are technically legal. And it's remarkable how much gray area there is when it comes to tax law. This is why you have the big teams of lawyers to figure out how to best game the system and avoid taxation, while just barely staying on the legal side of the line.

3. Legal Consequences. And if they go to far and get caught breaking the law? No big deal. They can go to court and then settle. Sure, there will be a fine, but they knew that was a risk.

4. Jurisdictions and Multinationals. Countries can only make laws that take effect within their borders. But MNCs operate across multiple countries, and can effectively play jurisdictions off against one another.

5. Spirit of the Law. While lawyers may argue what they're doing is technically legal, it is certainly against the spirit of the law. The law did not intend for corporations to shift all the profits from where they are made to low tax haven jurisdictions.

Governments are trying to address these issues, as corporations will be doing their best to stay one step ahead of the law. This is why the OECD has started the BEPS movement to come up with a coordinated response. One of their initial goals is to create some transparency, so they can at least get some visibility into what's going on. That seems like a good first step.

Re:Spanish authorities raid Google offices over tax by developer2 on Thursday June 30, 2016 @03:55PM (#12011196)
1. This is why capitalism built on "everything to maximize revenue for shareholders" is broken. Maximize revenue by generating more revenue, not by evading - or avoiding - taxes. If your company cannot remain afloat without dodging taxes, your business is not viable and does not deserve to exist.

2. The fact that you can "game the system" and remain squarely in the "legal" column makes the system broken.

3. Considering that fines are typically a fraction of what they should be, again the system is broken. Consequences should threaten the ability of a company to remain afloat, not be a slap on the wrist that doesn't even dent the bottom line.

4. You perform business in a country? Pay the taxes for all revenue factually originating in that country, not technically based on loopholes. If revenue originates from a customer/client/subsidiary in country X, you pay taxes in country X; you don't get to have customers in country X, but pretend like your business in country Y really took their money. Simple as that.

5. Exactly this. The fact that it is not intended, but is possible, makes the system broken.

Governments need to crack down on this sort of thing - HARD. The laws need to be rewritten from the ground up, but this will never happen because of another ugly facet of capitalism - at least in the US - lobbying. Also, self-interested politicians - how many of the politicians who could rewrite the laws have their own businesses that are avoiding taxes which implies a conflict of interest? Large companies that threaten to abandon doing business because state X or country X makes them pay tax? Farewell, we don't need you. This also applies to incentives, which some states are famous for. Individual states should not be competing for companies' business by reducing taxes or offering reimbursement programs.

Re:Spanish authorities raid Google offices over tax by FollowSteph3 on Thursday June 30, 2016 @06:13PM (#12012246)
Although great in theory how do you collect the pay the taxes for revenues collected in every country? A big business like Google can handle this but a smaller business will be crushed by it. Imagine a 1-2 person. Imagine a 1-2 person business selling online. Are they capable of paying taxes in a hundred countries? That burden alone would crush them. Try managing the tax rules for 100 countries as a 1-2 person shop. Good luck.

Ignoring that who will enforce it? If say a Russian owes taxes to the US how will they get the payment if the person doesn't want to pay?

But even then why should the taxes go to that country? All the infrastructure to allow your business to operate in the first place is in your country. The roads to get your employees to work etc.

That being said if your going to open factories or offices in another country than I believe you should be required to have a corporation in that country and pay taxes in that country for the revenues those entities make. But even that is challenging. It's honestly a very hard issue to resolve...

Re:Spanish authorities raid Google offices over tax by FollowSteph3 on Thursday June 30, 2016 @06:20PM (#12012288)
Also just to add to the complexity what happens for online websites. If you're from Australia and visit Google and the server is in the US and you click on an ad, the a houldnt the revenue, and hence taxes, be paid in the US because the server is located in the US. That's were the revenue was made. Assuming that's true then wherever you host the server is where you should be taxed. And in that case certain countries would be more beneficial to put your hosting servers in.

Basically all I'm saying is that it's not an easy problem and there are no easy and obvious answers :(

Re:Spanish authorities raid Google offices over tax by MR4D on Saturday July 02, 2016 @09:23PM (#12024454)
I up-voted this because it highlights the legal issue so clearly to any of us techies.

Clearly the tax has to be paid somewhere, and I'll bet every jurisdiction has an argument why theirs is the right place to collect it. No wonder tax or trade treaties take so long to negotiate.

Re:Spanish authorities raid Google offices over tax by mhenr18 on Friday July 01, 2016 @06:28AM (#12014965)
> Try managing the tax rules for 100 countries as a 1-2 person shop. Good luck.

The same justification could be made for accepting international credit card payments online, but companies like Stripe are happy to provide you with a service that takes away the hassle. If they can do that, then I'd say they would be perfectly willing to solve the local tax problem for you.

Re:Spanish authorities raid Google offices over tax by yummyfajitas on Thursday June 30, 2016 @11:07PM (#12013648)
* You perform business in a country? Pay the taxes for all revenue factually originating in that country, not technically based on loopholes. If revenue originates from a customer/client/subsidiary in country X, you pay taxes in country X; you don't get to have customers in country X, but pretend like your business in country Y really took their money. Simple as that.*

You seem to be wanting a consumption tax rather than an income tax. This is known by economists to be the least distortionary tax, for the exact reason you argue.

It's also highly criticized by left wing types since it taxes people in proportion to the benefit they receive from society rather than what they produce for society. Typically poor people consume more than they produce, while rich people produce more than they consume.

Large companies that threaten to abandon doing business because state X or country X makes them pay tax? Farewell, we don't need you.

Except that very often, we do. Just look at Austin - as a result of their little feud with Uber/Lyft, they are now providing below sub-developing world level services.

Re:Spanish authorities raid Google offices over tax by MichaelGG on Thursday June 30, 2016 @05:31PM (#12011929)
1. This "fiduciary responsibility" is trotted out and misunderstood. There's not a requirement to do things that might be harmful for the company. People say this responsibility like it's some law that companies must do any and everything that shows any possibility of short-term profit. But it'd be totally fine for a company to decide to do something else. Justification can be as simple as "This increases trust towards our brand".

But the rest of the points are accurate. They are doing nothing illegal and it's stupid to expect people to pay more tax than they owe. If countries want them to pay more tax, then change the law. It's silly this is even a discussion.

Re:Spanish authorities raid Google offices over tax by edc117 on Thursday June 30, 2016 @08:38PM (#12013039)
The truly frustrating part to the average taxpayer is the one-sidedness of how the law develops. I have politicians telling me that TTP is vital and needs to pass, so we get strong protections for IP, more revenue for these american companies, blah blah. But when it comes to making laws to tax those same companies, well there's lots of issues, it's very complex, we need to study it for a long while.

It's very clear who lawmakers are looking out for.

Re:Spanish authorities raid Google offices over tax by newjersey on Thursday June 30, 2016 @10:14PM (#12013451)
> The truly frustrating part to the average taxpayer is the one-sidedness of how the law develops. I have politicians telling me that TTP is vital and needs to pass, so we get strong protections for IP, more revenue for these american companies, blah blah. But when it comes to making laws to tax those same companies, well there's lots of issues, it's very complex, we need to study it for a long while.

Just to clarify, did you mean TPP, TTIP, both, or something else?

https://en.wikipedia.org/wiki/Trans-Pacific_Partnership

https://en.wikipedia.org/wiki/Transatlantic_Trade_and_Invest...

Re:Spanish authorities raid Google offices over tax by ionised on Friday July 01, 2016 @09:16AM (#12015737)
They'e both terrible attempts to enrich the already entrenched even further.
Re:Spanish authorities raid Google offices over tax by cortesoft on Thursday June 30, 2016 @06:50PM (#12012464)
Point #1 is silly.... Minimizing your tax burden does not always translate to maximizing shareholder value. Decision makers at corporations can (and should) take everything into account when deciding how to maximize shareholder value; the PR costs of evading taxes, the potential costs of settlements, etc.

I have never heard of a successful shareholder lawsuit over corporate leadership failing their fiduciary responsibility because they didn't find all the loopholes for limiting their tax liability.

Re:Spanish authorities raid Google offices over tax by khuey on Thursday June 30, 2016 @04:51PM (#12011571)
Most of the problem is defining "where [the profits] are made".
Re:Spanish authorities raid Google offices over tax by ransom1538 on Thursday June 30, 2016 @01:38PM (#12010269)
Tax cheats.

26 U.S. Code § 7201 - Attempt to evade or defeat tax:

"Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law"

I have worked at companies performing the "double-irish". True, they aren't prosecuted. But legal? Because a british lawyer says it is? 26 U.S. Code § 7201 is extremely easy to read and meant to be very vague. It isn't complicated. They "could be viewed as" breaking the US law and that is enough for some IRS investigators. Why they don't? <- I feel, it is more profitable to tear apart thousands of small local businesses using algorithms and automated mailing. If there was any kind of left leaning shift in US politics I would assume a few congressional hearings. Sure Google,Facebook,etc got away with many years of tax evasion, but that doesn't mean the governments find it in anyway legal.

Further: https://upload.wikimedia.org/wikipedia/commons/c/c3/Double_I...

The above info graphic clearly shows an attempt to defeat the US the 26 U.S. Code § 7201. This is not only illegal but morally reprehensible.

Re:Spanish authorities raid Google offices over tax by linkregister on Thursday June 30, 2016 @02:44PM (#12010762)
I think the taxes Google, Apple, et. al. are avoiding aren't imposed by that U.S. Code. The profits are not earned by U.S. Corporations; they're earned by alien corporations. In order for this regulation to cover these alien corporations, large parts of precedent, legislation, and regulation would have to be repealed/rewritten.

Intuitively, it feels bad. But until the profits actually come back to the U.S., the USG doesn't have much of a case.

I do think that EU countries, the EU parliament, and the European Council have a responsibility to their citizens to close these loopholes. It is not fair for Ireland to have a minor advantage (a few thousand jobs) at the cost of depriving other EU countries of billions of Euros of tax receipts.

Re:Spanish authorities raid Google offices over tax by kyrra on Thursday June 30, 2016 @05:42PM (#12012006)
The double irish is going away come the year 2020:

https://en.wikipedia.org/wiki/Double_Irish_arrangement

Re:Spanish authorities raid Google offices over tax by ransom1538 on Thursday June 30, 2016 @03:23PM (#12010991)
"The profits are not earned by U.S. Corporations; they're earned by alien corporations." These alien corporations are then owned by proxy by US corporations, THUS a violation of 26 U.S. Code § 7201. It isn't a "it feels bad" thing, this is just a felony.
Re:Spanish authorities raid Google offices over tax by bduerst on Thursday June 30, 2016 @04:20PM (#12011349)
The revenues are being earned from foreign citizens in foreign countries using foreign infrastructure.

Why should that tax revenue instead go to a different country that didn't contribute to it?

Re:Spanish authorities raid Google offices over tax by ransom1538 on Thursday June 30, 2016 @04:40PM (#12011479)
No, those shell offices were paid for by stolen american tax money, ran by foreign citizens controlled by proxy, using infrastructure controlled by proxy, producing things for the original company. "Why should that tax revenue instead go to a different country that didn't contribute to it?" Because it is a felony.
Re:Spanish authorities raid Google offices over tax by bduerst on Thursday June 30, 2016 @04:43PM (#12011501)
The cash used to "build" the offices was already taxed as net income. And what if it's a lease? Fixed cost investments happen all the time.

The employees in the offices are citizens of that country or immigrants approved by the local government of that country. If they are U.S. citizens then they typically pay income tax to the U.S. (depending on the reciprocity).

The infrastructure (roads, water, energy, police & fire protection, healthcare, etc.) being used by those offices and employees were paid for by that country.

Also the citizens in that country are the ones paying for a product or service - so again, why should a different company reap the tax revenue?

Re:Spanish authorities raid Google offices over tax by ori_b on Thursday June 30, 2016 @03:49PM (#12011153)
The argument that these large corporation's lawyers are putting forward is that the taxes aren't imposed on them by the tax code because the US government only taxes money when it is brought in to the US, and therefore, they aren't evading taxes.

Whether that's true or not is a task for the courts to decide, but considering that there is a long history of the US government not taxing overseas profit until it comes to the USA, I'd say that this is an indicator that the government has, to date, agreed with the corporations on this.

Re:Spanish authorities raid Google offices over tax by ransom1538 on Thursday June 30, 2016 @04:05PM (#12011250)
Courts? Why? There is a simple fix:

Since these are felony allegations (criminal not civil) IRS investigators should sit a few of these CFOs down in a cement room and ask: "Does any of this money come back to the US?"

Then the CFO has a few options: 1) lie to a federal agent (not a good plan) 2) plead the 5th (not a good plan) 3) state to a federal officer that none of the money is used, transferred, or used to pay employees of said corporation by proxy.

I would assume these wouldn't go well at all.

Re:Spanish authorities raid Google offices over tax by linkregister on Thursday June 30, 2016 @04:11PM (#12011288)
When the funds come back to the U.S., Google is taxed on them. But they haven't returned yet. Have you missed all the news stories talking about how many of these companies keep the funds outside the U.S. for this purpose?
Re:Spanish authorities raid Google offices over tax by disordinary on Thursday June 30, 2016 @05:37PM (#12011973)
Who cares about the taxes returning to the us? They're making money in foreign territories and should pay tax there. For instance here in nz Google reportedly only pays 200k in tax which is obviously outrageously low.
Re:Spanish authorities raid Google offices over tax by linkregister on Thursday June 30, 2016 @06:00PM (#12012149)
I think you didn't see the rest of the comment chain. The issue that we're discussing is the suggested U.S. government's involvement.
Re:Spanish authorities raid Google offices over tax by disordinary on Thursday June 30, 2016 @06:18PM (#12012281)
Yes I read it, but its irrelevant.
Re:Spanish authorities raid Google offices over tax by ransom1538 on Thursday June 30, 2016 @04:23PM (#12011365)
linkregister

Yes I am well versed in the new stories. The entire point is to move funds out of the country and avoid taxes. They aren't investing in Spain's tech future. They will use this money (stolen from the US people) illegally to: produce products overseas by proxy, perform HR functions by proxy, marketing by proxy, etc. All these products/services are then sold under the company and for more US profit.

Re:Spanish authorities raid Google offices over tax by linkregister on Thursday June 30, 2016 @04:34PM (#12011440)
I agree that Spain, EU Parliament, and the European Council should enact meaningful legislation and trade agreements to mitigate this tax loophole.

The crux of my argument is that you won't find a U.S. felony here, no matter how bad you want it.

Re:Spanish authorities raid Google offices over tax by ori_b on Thursday June 30, 2016 @04:22PM (#12011361)
Or point to the accounts that live outside of the USA, and say that the money is kept outside of the USA to legally avoid taxes.
Re:Spanish authorities raid Google offices over tax by wyager on Thursday June 30, 2016 @11:34AM (#12009258)
Why are you blaming the companies for acting rationally, rather than the governments for creating absurd tax environments?

I agree it's unfair, but I can't fault anyone for trying to legally minimize their tax burden. Tax law should just be simple enough that anyone can do it themselves.

Re:Spanish authorities raid Google offices over tax by antr on Thursday June 30, 2016 @12:30PM (#12009671)
I'm an energy investor and get to work with tax advisors and lawyers very often in order to maximise tax structures and cash repatriation. Everything we do is approved by tax authorities and positively seen by our shareholders. I agree to a certain extent with you that companies are acting rationally. I can assure you it's my responsibility to make the best use of these tools.

However, the direct and indirect pressure large companies exert on governments to promote/create these loopholes is absurd. I recently went to a latin american country which is promoting foreign investment. Guess what tools they are using to promote such FDI? Correct, tax credits, tax agreements with tax heavens, zero withholding taxes on dividends, etc. I won't go into more detail, but I've seen obscene (but legal) tax structures were little-to-no corporate taxes nor capital gains taxes have been paid in +billion euro transactions.

IMHO, this is unfair to everyday citizens. Citizens end up taking the burden of supporting the govt budget, at the expense of higher tax rates.

Unfortunately in the EU, there is very little interest from countries like The Netherlands, Ireland, and Luxembourg in implementing a common fiscal policy, with no loopholes, as this would considerably damage their "competitive" economies.

Re:Spanish authorities raid Google offices over tax by nickik on Thursday June 30, 2016 @02:02PM (#12010459)
That is why many people have often called for tax simplification. The Flat Tax proposal (and for you progressives, yes we can make it progressive but that not the point) is designed to be as simple as possible and to provide few loopholes.

This is not the end all solution but it at least makes everything far, far simpler.

Re:Spanish authorities raid Google offices over tax by gozur88 on Thursday June 30, 2016 @04:16PM (#12011323)
Flat taxes address the wrong problem. It's easy enough for individuals and corporations to look up their tax in a table once gross income (or profit) is determined. The complication is determining what counts as income, and flat tax schemes don't do anything to address that complication, particularly for corporations.

Most corporate tax avoidance strategies take advantage of laws intended to prevent different countries from taxing the same dollar of profit, and those rules will still exist in any reasonable tax structure.

Re:Spanish authorities raid Google offices over tax by paulddraper on Friday July 01, 2016 @09:41AM (#12015920)
There's also Fair Tax, which is not income, but rather sales, which are typically simpler.
Re:Spanish authorities raid Google offices over tax by simonh on Thursday June 30, 2016 @01:32PM (#12010216)
Ok, but that's not tax avoidance because the companies are absolutely following government rules. Given the choice of having billions of dollars of investment in their country and thousands of jobs but no corporate tax; or no investment and no jobs and no tax, those governments are making a rational choice.

The real problem comes when these deals disadvantage local businesses competing with the big foreign conglomerates. But often these deals are really only necessary because the government has set up ridiculously high trade barriers, so the only way to get investment is with ludicrously generous deals. Brazil seems to be a classic example of this. The entire economic system is tangled mess of massive market distortions.

Re:Spanish authorities raid Google offices over tax by gozur88 on Thursday June 30, 2016 @04:09PM (#12011279)
>Ok, but that's not tax avoidance because the companies are absolutely following government rules.

You're mixing up terms here. Tax avoidance is minimizing your tax bill within the law. Tax evasion is what you do when you pay less tax than your legal obligation.

Re:Spanish authorities raid Google offices over tax by ptaipale on Thursday June 30, 2016 @04:27PM (#12011401)
Tax avoidance is by definition absolutely following government rules.
Re:Spanish authorities raid Google offices over tax by antr on Thursday June 30, 2016 @01:48PM (#12010342)
who said tax avoidance?
Re:Spanish authorities raid Google offices over tax by ianai on Thursday June 30, 2016 @12:45PM (#12009806)
On the other hand, it's an incentive for countries to do what it takes to increase the wages of their citizens. Ie minimum wage laws.
Re:Spanish authorities raid Google offices over tax by conjectures on Thursday June 30, 2016 @12:51PM (#12009856)
Rational actions can be deeply unethical.

It might be rational to hire a big team of tax lawyers to find loopholes. It might be rational to launch PR campaigns to misinform the public about your tax affairs. It might also be rational to hire private investigators to dig up dirt on politicians and blackmail them. Or bribe them, or otherwise corrupt them.

UK tax law is complicated partly because the large accountancy firms have become deeply entwined with the policy making process [1]. This is used as a way to introduce and then milk advantage from the complexity. This goes way beyond just playing the tax game by the rules.

I do think the government has a responsibility for allowing these abuses to occur. That doesn't make the abuses OK though.

[1] https://www.theguardian.com/business/2013/apr/26/accountancy...

Re:Spanish authorities raid Google offices over tax by bleepbloop22 on Thursday June 30, 2016 @11:41AM (#12009307)
Shouldn't blame the companies for lobbying and creating the tax laws either -- they're just acting rationally!

Maybe we can blame people for behaving unethically instead of believing this shlock?

Re:Spanish authorities raid Google offices over tax by tim333 on Thursday June 30, 2016 @11:48AM (#12009359)
Blaming is of limited use. What we need is a solution to make things better. Something like a global tax office to deal with global companies might do it.
Re:Spanish authorities raid Google offices over tax by criley2 on Thursday June 30, 2016 @12:00PM (#12009433)
"Global tax office"

You would quite literally see revolt / insurrection in the western world, especially America and other former anglo colonies, at the idea of a One World Tax Authority, which would rightfully be seen as a part of one world government, the so-called New World Order that conservatives have maintain DEFCON1 fear of for decades.

Even if it did exist, if if you had a global tax authority with the weight of a global government to enforce it... that doesn't necessarily solve the problem.

There are plenty of tax havens in American states despite a national legislature that could squash them.

On big reason Americans were unrepresented in the Panama Papers leak is that Americans used on-shored havens. They had far less need of an offshore haven when current corporate tax rules allow you to incorporate and tax dodge in Delaware or another friendly state without leaving the country.

If the US can't or won't control domestic tax havens, I'm not so sure a global government would have better luck.

Plus, one world tax authority means one single target for corruption. The Googles of the world, with literal billions to spend, they'd hyper-focus on corrupting that authority to their desires.

Re:Spanish authorities raid Google offices over tax by tim333 on Thursday June 30, 2016 @08:07PM (#12012921)
I see your objections. My idea is you could base it in the US possibly or have more than one and have them just work out the global earnings using GAAP and apportion it to the various countries by how much they sell there so you get a earnings figure for each country. The countries could then use that to come up with a tax demand at their chosen rate and the company could either pay up or face sanctions in that country. So it doesn't require anything like a world government, just some accounting and possibly trade agreements.
Re:Spanish authorities raid Google offices over tax by fizzbatter on Thursday June 30, 2016 @12:06PM (#12009476)
Seems like a grand solution when we're failing even the lesser and more obvious solution: Don't allow them to ship earnings into havens.

Saying we can tax them globally is like saying we can tax them domestically. We fail on the latter, so i can't imagine we'd succeed on the former.

And while i do agree that blame alone is of little use, blame is often the precursor to action. You have to decide who is at fault and or what to focus fixes on, via blame, before you can actually fix them imo. When i see blame discussions like the above, i just assume (perhaps foolishly) that it's the discussion prior to the fixing stage.

Not that the above discussion will fix anything, of course.. but if we can't decide on what is to blame, how can we decide what is to be fixed?

Re:Spanish authorities raid Google offices over tax by tim333 on Thursday June 30, 2016 @07:55PM (#12012848)
The trouble with don't allow them to ship earnings to tax havens is saying what a tax haven is. There are plenty of regular countries with low taxes such as Ireland or tax breaks such as the UK for movies or the US for various things.
Re:Spanish authorities raid Google offices over tax by majewsky on Thursday June 30, 2016 @01:29PM (#12010186)
I don't like that how tax evasion is called "rational" here. They're merely performing their prescribed role within a system, without regard for consequences. If a company were to look at the situation rationally, they might very well conclude that paying taxes is rational because taxes pay for the infrastructure that enables their business.
Re:Spanish authorities raid Google offices over tax by ews on Thursday June 30, 2016 @11:49AM (#12009368)
> Shouldn't blame the companies for lobbying and creating the tax laws either -- they're just acting rationally!

spot on. this.

Re:Spanish authorities raid Google offices over tax by Ntrails on Thursday June 30, 2016 @12:09PM (#12009511)
Which means, and this is a big one, you're going to have to deal with the people who sell influence for favours?

But that is the political class, and they are the ones driving the train for companies to pay more tax. Which doesn't make any sense if all that is truly required is for them to fix their own laws and unethical behaviours. Right?

Re:Spanish authorities raid Google offices over tax by kafkaesq on Thursday June 30, 2016 @12:11PM (#12009527)
I can't fault anyone for trying to legally minimize their tax burden.

I think what you're missing is the fact that the Tax Office is pursuing Google for an apparently grounded belief that they were, in fact, acting illegally. (That is, making false representations as to the true functional roles of its local subsidiaries, so as to make its locally-generated revenue appear much smaller than it actually is, per a recent El País article).

Not simply for being "clever" and minimizing their tax burden within established guidelines.

Re:Spanish authorities raid Google offices over tax by pipio21 on Thursday June 30, 2016 @03:39PM (#12011090)
I believe you miss the small detail that "El Pais" and other Spanish newspapers and media are technically bankrupt because of Google.

Google and Facebook grew their profits by advertisements, traditional media (that did not innovate anything) lost all this revenue.

So they(traditional media) are terribly biassed against Google and make everything they can to harm the company. They destroyed Google News for example.

Re:Spanish authorities raid Google offices over tax by kafkaesq on Thursday June 30, 2016 @04:06PM (#12011261)
If you don't like what the newspapers are saying -- or are suspecting them of severely distorting and/or outright fabricating the reasons behind the raid conducted earlier today -- I'm sure the Hacienda will be putting out their own press releases soon, if they haven't already.
Re:Spanish authorities raid Google offices over tax by ptaipale on Friday July 01, 2016 @02:12AM (#12014165)
Why would they? If it is not in their interests ("their interests" as in "in the PR interests of politicians who control what the agency does") and there is no legal requirement to do so?
Re:Spanish authorities raid Google offices over tax by kafkaesq on Friday July 01, 2016 @01:36PM (#12018086)
Either way, I'm not sure what the point is in trying to shift focus to the newspapers or the politicians.
Re:Spanish authorities raid Google offices over tax by ptaipale on Friday July 01, 2016 @04:00PM (#12019234)
Well, the whole point of the exercise is that politicians want to have something in newspapers.
Re:Spanish authorities raid Google offices over tax by kafkaesq on Friday July 01, 2016 @04:51PM (#12019548)
That's your hypothesis. Presumably it will be up to the courts to determine whether the raid on Google's offices was legitimate and necessary, or not.
Re:Spanish authorities raid Google offices over tax by qsymmachus on Thursday June 30, 2016 @12:09PM (#12009508)
This is why abuse of rights is an important legal principle: https://en.wikipedia.org/wiki/Abuse_of_rights

Rational != Ethical

Re:Spanish authorities raid Google offices over tax by goodplay on Thursday June 30, 2016 @12:17PM (#12009580)
The parent raises a good point though: Tax law is extremely complex when it doesn't need to be. The only justification for this complexity (that I could come up with) is exactly that it's complex to enable tax evasion/tax burden minimization.
Re:Spanish authorities raid Google offices over tax by vec on Thursday June 30, 2016 @12:46PM (#12009821)
Partly, but partly its just that all regulatory frameworks naturally tend toward complexity.

First, the legislature often decides that raising or lowering specific taxes is a good way to encourage some behavior or other (i.e. mortgage tax deductions or extra taxes on cigarettes). Most of these are actually pretty justifiable individually, but eventually you end up with too many exceptions and special cases for any nonspecialist to keep them all in their head.

Second, there's a huge body of caselaw and regulatory rulings that crop up around the actual tax code. Dozens of courts somewhat haphazardly decide that this weird edge case counts as income, but that weird case doesn't. Again, almost all of these are pretty reasonable taken in isolation, but you end up with a swiss cheese of arbitrary and contradictory rules.

Finally, wealthy entities will inevitably try to game the system. They will try to find a few well-intentioned but poorly thought out edge cases and alter their finances to try and intentionally fit a huge percentage of their income into them. By the time this happens, it's often very difficult to fix without hurting the innocent bystanders that the edge cases were put in place for in the first place.

Wealthy individuals and companies do lobby for favorable tax provisions, and politicians do sometimes pass laws specifically to benefit those entities. But the reality isn't that simple. International tax law is an emergent phenomenon, and it's really only going to bend to systemic incentive changes.

Re:Spanish authorities raid Google offices over tax by colechristensen on Thursday June 30, 2016 @12:38PM (#12009741)
Average voters are too dumb and uneducated to appreciate that complexity or the effects it has. People who do would rather participate in that tax scam.

The reason politics is full of vapid stupidity is that powerful entities want it that way. If the population wasn't distracted by guns, abortion, and gay sex they might actually be paying attention to issues that matter.

Re:Spanish authorities raid Google offices over tax by louprado on Thursday June 30, 2016 @12:37PM (#12009734)
Agreed. If we are going to tax corporations then why not a flat tax on the gross revenues. In the U.S a 3% tax rate on gross is the approximate revenue the IRS currently collects. Pass the expense to your customer if you are in a low margin business.

A business can't tell their landlord that they owe no rent because they are "unprofitable" ? Why then do we accept this excuse from the businesses who benefit the most from our public systems.

Re:Spanish authorities raid Google offices over tax by lmm on Thursday June 30, 2016 @12:53PM (#12009877)
Because we want to allow specialization to increase efficiency. Rather than the nail company selling its nails to hardware stores and the screw company selling its screws to hardware stores, it's more efficient if they both sell to a supplier that can then sell to stores - it means only O(N) rather than O(N*M) different relationships to maintain, and the nail manufacturer can concentrate on its core competency of making nails rather than having to employ a bunch of people who know how to get their products in stores.
Re:Spanish authorities raid Google offices over tax by pdkl95 on Thursday June 30, 2016 @01:04PM (#12009968)
Re:Spanish authorities raid Google offices over tax by khedoros on Thursday June 30, 2016 @12:47PM (#12009824)
Unethical != Illegal. If acting in an unethical manner causes a company fewer liabilities than acting ethically, which choice do you expect them (an amoral entity) to make? I expect that they'll keep pushing boundaries until it starts costing them.
Re:Spanish authorities raid Google offices over tax by ultramancool on Thursday June 30, 2016 @01:57PM (#12010420)
Not only that, but as a shareholder, if acting "unethically" (for which there's no formal definition, just flimsy human opinions) but legally is in my best interest, I expect them to do it.
Re:Spanish authorities raid Google offices over tax by varjag on Thursday June 30, 2016 @01:21PM (#12010111)
Google infamously has an ethical clause in their mission statement, so we expect them to make a moral choice. Or is it a trick question?
Re:Spanish authorities raid Google offices over tax by khedoros on Thursday June 30, 2016 @02:48PM (#12010795)
> so we expect them to make a moral choice.

We do? Why? Because, by one interpretation, they pay lip service to it by saying "Don't be evil"/"Do the right thing"? I take those as marketing (both to the public and to their employees).

Even if we take their mottos as honest statements of intent, how do you know that their definitions of "evil" and "right" match yours? Or that their definitions won't shift to fit the situation?

Re:Spanish authorities raid Google offices over tax by varjag on Thursday June 30, 2016 @04:50PM (#12011555)
I don't care. They pretend to play morality games, they get held to a certain standard by public, that's just how it works.

If they are amoral entity, I'm sure they won't care for Spanish government doing unethical but not illegal things to them as well.

Re:Spanish authorities raid Google offices over tax by khedoros on Thursday June 30, 2016 @05:37PM (#12011977)
> If they are amoral entity, I'm sure they won't care for Spanish government doing unethical but not illegal things to them as well.

Why would that be true? It would be inconsistent for them not to fight for their own self-interest. Also: Governments must be held to higher standards than corporations.

I expect the Spanish government to act (nominally) in the best interests of its citizens. I expect Google to act in its own best interests.

Re:Spanish authorities raid Google offices over tax by varjag on Thursday June 30, 2016 @05:57PM (#12012123)
Separation of morality and law is a recent trend. For most of human history, morality was the law. As such, it was a social contract born out of necessity and not some arbitrary installation.

It's fine to take a modern, legalistic, maximize-shareholder-value-or-gtfo approach and eschew the ethics and spirit of law perspective altogether. However, generally it would be irrational for corporation to expect a favourable outcome in a survivalist game on a legal field against the host government. That's why most corporations at least do lip service to ethics, community values, social responsibility and so on. Which leads us to square one.

Re:Spanish authorities raid Google offices over tax by Joeri on Thursday June 30, 2016 @12:21PM (#12009598)
A government cannot provide its people with justice, human rights and quality of life without money, money that as a society we have chosen to collect through taxes. For better or worse, corporations have chosen (and legally fought for) the right to be treated as persons. That makes them part of the society and obligated to contribute to the society in the same way as every person. When they then dodge paying their fair share of taxes they act unethically and in violation of the needs of society and humanity. This behavior should not be glorified, it should be vilified and punished.

I can definitely fault them for trying to minimize their tax burden. Taxes shouldn't be seen as a burden, they should be seen as an opportunity. A way to contribute to the society that created that opportunity to pay taxes in the first place, since every dollar paid in taxes represents several earned on top of society's foundation.

Re:Spanish authorities raid Google offices over tax by wyager on Thursday June 30, 2016 @01:25PM (#12010150)
> A government cannot provide its people with justice, human rights and quality of life

Justice like secret FISA courts and no-due-process restrictions on travel?

Human rights like free speech? Good job Merkle, Ergodan is proud. Due process? Haha. Protection from unreasonable searches and seizures? "Civil asset forfeiture" would like a word.

Quality of life? You mean the thing I get from novel technology, but that is constantly hindered by IP law and overregulation?

> as a society we have chosen to collect through taxes

Huh, I don't remember being privy to that decision... In fact, as best I can tell, most people are compelled to pay taxes by the threat of violence!

>A way to contribute to the society

And a way to contribute to droning of US citizens, and the funding of Israeli weapons programs, and corporate subsidies, and a way to pay for massive surveillance apparatus... Great!

You're right; society created many of the opportunities we have today. The government isn't society.

Re:Spanish authorities raid Google offices over tax by x3n0ph3n3 on Thursday June 30, 2016 @12:29PM (#12009664)
> Taxes shouldn't be seen as a burden, they should be seen as an opportunity.

What a load of garbage. Taxes are theft at the end of a gun and we have little choice in how they are used. It's downright ignorant to believe that most taxes are used for the betterment of society rather than to line the pockets of select constituencies. Your conflation of "society" with "government" is fictitious.

Re:Spanish authorities raid Google offices over tax by wongarsu on Thursday June 30, 2016 @01:24PM (#12010137)
>Taxes are theft at the end of a gun and we have little choice in how they are used

That's a big reason why democracies became popular (see for example the french revolution, or the boston tea party). A democracy is a system in which the residents of a country (directly or indirectly) decide on matters of government, like which taxes should be collected and how they should be spent.

Re:Spanish authorities raid Google offices over tax by venomsnake on Thursday June 30, 2016 @01:08PM (#12010000)
They are not theft, because a human does not have innate property rights(or any other kinds of rights for that matter). All your rights are provided and guaranteed by the state.
Re:Spanish authorities raid Google offices over tax by effie on Thursday June 30, 2016 @01:31PM (#12010205)
In the western society, people do have rights in fact, even if not granted formally by some government. This is because vast majority of other people respect those rights, without needing government to tell them. For example, most people accept my right to wear red shoes. Nobody really gave me that right; it is obvious. Similarly for the right to private ownership, the right to express myself and the right to move.
Re:Spanish authorities raid Google offices over tax by venomsnake on Thursday June 30, 2016 @01:43PM (#12010306)
State != government. Also try putting brown shirt in Germany on whose shoulder there is red band with white circle. In which circle inside there is black painting in the shape of bent cross ... and we will see exactly what the western government of Germany thinks of your fashion choices and your freedom to express yourself. Hint - your right to move may be somewhat in peril.
Re:Spanish authorities raid Google offices over tax by Tiksi on Thursday June 30, 2016 @02:32PM (#12010680)
By that reasoning, the state does not have an innate right or authority to provide or guarantee human rights.

And really, it's human's that guarantee the state's rights, not the other way around. The state is an abstract concept that exists only because humans gave it that right at some point.

Re:Spanish authorities raid Google offices over tax by venomsnake on Thursday June 30, 2016 @02:38PM (#12010725)
Power gives right and authority. The only universal definition of state is monopoly over the use of force over any given territory.
Re:Spanish authorities raid Google offices over tax by Tiksi on Thursday June 30, 2016 @05:14PM (#12011781)
Yes but that monopoly is granted by the humans in the territory, and humans are the ones that exercise the state's power.
Re:Spanish authorities raid Google offices over tax by krmmalik on Thursday June 30, 2016 @12:36PM (#12009722)
I have to agree with Wyager here. Governments create incredibly challenging tax rules and environments. Those rules are hard to understand and they cripple the growing businesses. The small business just can't compete with the big player in managing their tax affairs. This hurts even more when you know that after all the hard work that you do, your tax money isnt even being spent in the right places. After the UK decided to bomb syria, though i still paid my tax, that became more and more painful. I didnt like what the government was doing with my hard earned money. Syria is just one thing in the line of many. There are so many things the government spends money on and it all comes out of taxpayers pockets. The ordinary citizen -- in reality -- has very little say with what happens to that money. That's why i dont blame people that avoid it. I can understand their reasoning.
Re:Spanish authorities raid Google offices over tax by pipio21 on Thursday June 30, 2016 @04:13PM (#12011306)
I travel the world a lot and wars are the ugliest thing that could happen to a country.

I lived for 6 months in Damascus. It was an incredible city with lots of History. It breaks your heart to remember people younger than you that you know are dead now. The country is devastated and everything stops working.

You go to Servia, normal people could barely survive, long after the war. A few guys made themselves rich at the expense of normal people.

You go to Congo(old Zaire) and experience so much pain over the war there.

In Congo it is about Cobalt and coltan, diamonds, gold. In Syria it is about strategic position, natural gas. In Libia it is about energy resources.

A couple of powerful countries decide to plunder weak countries and war is the way they do it. If their leaders are not ok about plundering their own country you just give millions(or billions) of dollars in weapons to the opposition.

Once a war is started, it is like a drug, both sides needs weapons just for survival and they will do anything for getting them, basically selling their country for almost nothing.

A huge business at the expense of entire families dying and loosing everything they have, women being raped and the state collapsing, infrastructures destroyed.

Re:Spanish authorities raid Google offices over tax by Gargoyle on Thursday June 30, 2016 @11:44AM (#12009331)
Yes, those absurd tax environments are in no way created by companies and their money. Not at all.
Re:Spanish authorities raid Google offices over tax by fizzbatter on Thursday June 30, 2016 @12:12PM (#12009542)
I agree with your sentiment, but ultimately Governments are the ones allowing and enabling it.

If legal, corporations are just doing what is allowed. I hate them for it, but ultimately, i hate that it is allowed. If the law was put into place via illegal bribing/etc, then yes, both parties are to blame. But if it's all above board, then it's entirely on the Government imo.

Take America for example. Lobbying is an utterly disgusting practice in my eyes, yet i can't blame the groups doing the lobbying. I would too if i had the resources. I blame the government for enabling lobbying, and not shutting it down as it stands now.

Corporations have invaded Government, but ultimately the Government is what needs to be fixed to not allow corporations to get away with this.

edit: And of course, you could just continue with the blame train, saying people are to blame, etcetc. I'd agree with you there too. We all need to do something, to fix this damn Government(s).

Re:Spanish authorities raid Google offices over tax by kafkaesq on Thursday June 30, 2016 @12:45PM (#12009803)
I agree with your sentiment, but ultimately Governments are the ones allowing and enabling it.

Again, the key focus of the Spanish investigation is not into whether Google rationally took advantage of "loopholes" -- but whether they made false representations as to their business structure and the activities of their local subsidiaries.

See today's El País article for an explanation of the authorities' reasons behind the raid.

Re:Spanish authorities raid Google offices over tax by threatofrain on Thursday June 30, 2016 @11:49AM (#12009370)
Do legislators not possess primary responsibility for their own actions?
Re:Spanish authorities raid Google offices over tax by kafkaesq on Thursday June 30, 2016 @12:12PM (#12009539)
No -- we do, unfortunately. And we don't have to put up with it, if we don't want to.
Re:Spanish authorities raid Google offices over tax by pherq on Thursday June 30, 2016 @12:26PM (#12009640)
This entire (sub)thread was started about how companies shouldn't be the ones blamed because legislators make it sweet for them to do so, why should the legislators bought by the companies foot all of the blame?
Re:Spanish authorities raid Google offices over tax by colechristensen on Thursday June 30, 2016 @12:35PM (#12009712)
Companies lobby governments to create or maintain favorable tax environments, governments look to be friendly to business. Everybody is being rational, so nobody is responsible? Everything is great right?

Your business does not deserve my money, my support, or my respect if you are not proud to pay your fair share for the common resources that are the foundations of its success.

Re:Spanish authorities raid Google offices over tax by gpderetta on Thursday June 30, 2016 @12:44PM (#12009796)
The problem is that thanks to the complexity of the tax systems and the interaction of international tax treaties the tax avoidance/tax evasion boundary is fuzzily defined and at the end of the day only a judge can decide on the legality.

So if a company, instead of staying well within the boundary decides to skirt it (and I'm sure that they take into account the probability of being caught on the wrong side in their minimization process), it is only fair that they get a visit from the tax man.

Re:Spanish authorities raid Google offices over tax by kmkemp on Thursday June 30, 2016 @12:55PM (#12009892)
It's only rational if the damage to reputation and potential legal consequences are less than the savings. The more often stuff like this happens, the less clear that it becomes that using tax havens is a net positive for companies. I agree with your point, though.
Re:Spanish authorities raid Google offices over tax by ionised on Friday July 01, 2016 @09:20AM (#12015762)
Those same companies lobby governments to create those absurd and favourable tax arrangements. They are all to blame.
Re:Spanish authorities raid Google offices over tax by nolok on Thursday June 30, 2016 @12:57PM (#12009900)
I think a point to remember, is that there is profound difference between common law and civil law in that in civil law country the spirit of the law is usually more important than specific wording, and precedents have much less impact.

I think the current chase after big companies is mostly a change in the interpretation of the spirit of the law. One could argue it creates a dangerous climate for business and it's probably right, but at the same time no one ever argued that what those companies did was moral in regard of the law, only that it followed it's wording.

(I personally think our laws should change, but at the same time it's obvious that countries like Ireland, Latvia, Netherlands... Would veto it at the EU level)

Re:Spanish authorities raid Google offices over tax by downandout on Thursday June 30, 2016 @12:52PM (#12009870)
Corporations have a fiduciary responsibility to their shareholders to reduce their tax burden to the lowest possible levels. Assuming the tactics they embrace are legal, they are doing exactly what they can and should.
Re:Spanish authorities raid Google offices over tax by ZacharyPitts on Thursday June 30, 2016 @12:59PM (#12009920)
Fiduciary responsibility to maximize profits / reduce tax burden is a myth.

https://news.ycombinator.com/item?id=7985690

Re:Spanish authorities raid Google offices over tax by downandout on Thursday June 30, 2016 @01:03PM (#12009956)
There are legitimate discussions that can be had about the specific strategies that companies should use to maximize shareholder value. For example, paying higher wages might mean better employees and ultimately more profits despite the increased costs. Long-term investments in R&D might result in higher overall value for the company, despite the short-term hit to the balance sheet.

However, I don't think a legitimate argument can be made that companies should pay what amount to optional taxes (taxes they could avoid but don't). Lawmakers are free to change the laws, but large corporations will always pay the minimum allowed by those laws.

Re:Spanish authorities raid Google offices over tax by bobwaycott on Thursday June 30, 2016 @01:31PM (#12010199)
That you cannot think of such an argument doesn't mean much. That such possible arguments wouldn't obtain "legitimacy" in your mind explains far more about your conception of the role of business in society. There are no optional taxes—any company that actively seeks ways to avoid taxes is not dealing justly or ethically with the society in which it exists. The same goes for citizens. A healthy and just society cannot exist when its citizens, and their corporations, seek to enjoy all the benefits of citizenship and the services provided, but simultaneously work diligently to avoid upholding their end of the arrangement to support and perpetuate a healthy and just society.
Re:Spanish authorities raid Google offices over tax by hueving on Thursday June 30, 2016 @01:52PM (#12010372)
You are free to overpay on your taxes as well. I assume based on your reasoning that you give the government your entire income minus expenses.

Governments have the ability to levy taxes. If they need money they should levy a tax. It's that simple. There is no 'right amount' that a company should be paying that is more than the law requires them to pay.

Re:Spanish authorities raid Google offices over tax by ACow_Adonis on Thursday June 30, 2016 @08:30PM (#12013011)
Except there's a difference between overpaying and short term tax minimisation.

I, for instance, in my country, am relatively conservative on my tax returns. I do not push everything out to the point of maximal complexity & maximal returns.

The reason I do this is twofold. If my accountant makes a mistake or a bad call, I am still personally liable for the tax I didn't pay + penalties, even though I sought and obtained professional advice. I know of cases now where people have received "audit shocks" where it turns out the government disagrees with how far they're pushing things, and now they owe money + penalties. Increase that sting and those penalties and watch the risk/return equation change.

The other two reasons are: I pay to support local community and infrastructure. I don't mind paying a bit extra to support public transport in my area, for instance, so if I can find a way to make targeted contributions (as opposed, say, my money going to a contractor in Iraq), then I'll put a bit more in.

And the third reason I don't pay minimal taxes it's a form of social contract/political insurance. I know that if I'm a total prick, or want to do things in the future, if I haven't paid my share, or if someone wants to audit me and go through my books as a political game or to make a point, I have far more political capital and support from the population of I show I'm a good citizen vs "I basically will fuck you all to the maximum extent and screw you". This also provides me a clean conscience, legitimacy, authenticity, and general good will.

Plus if anyone does audit me, for political reasons or otherwise, maybe I'll get a small refund or ruling in my favour, which, at such times, I could really use...

Re:Spanish authorities raid Google offices over tax by sbov on Thursday June 30, 2016 @02:44PM (#12010761)
I would love to give all my income minus expenses. I could easily make it so I have zero after my expenses. But that's not how things work for individuals... and that's a large part of the difference.
Re:Spanish authorities raid Google offices over tax by hueving on Thursday June 30, 2016 @09:35PM (#12013275)
>I would love to give all my income minus expenses. I could easily make it so I have zero after my expenses. But that's not how things work for individuals...

Of course that's how it works. There is nothing that stops you from donating extra to the government. If you really wanted to you could easily do it.

Re:Spanish authorities raid Google offices over tax by refurb on Thursday June 30, 2016 @03:10PM (#12010917)
Maybe a better analogy is don't take advantage of the tax relief as laid out in the law.

The tax authorities wouldn't stop you if you decided not to deduct your 401k contributions from your income. Or to not deduct your mortgage interest.

Re:Spanish authorities raid Google offices over tax by Tiksi on Thursday June 30, 2016 @07:13PM (#12012611)
http://www.fms.treas.gov/faq/moretopics_gifts.html

Now you can give all your income as you desire.

Re:Spanish authorities raid Google offices over tax by bobwaycott on Thursday June 30, 2016 @02:19PM (#12010587)
You appear to be responding to things I have not said. No suggestion at all of right amounts or paying more than the law requires.
Re:Spanish authorities raid Google offices over tax by hueving on Thursday June 30, 2016 @02:33PM (#12010686)
No, your comment quite clearly implies that the corporations should not utilize the tax laws to pay the minimum required amount of taxes. You use words like 'avoid' to imply that it's evasion, but it's 'avoiding' in the same way as someone who 'avoids' taxes by taking a deduction for a dependent.
Re:Spanish authorities raid Google offices over tax by bobwaycott on Thursday June 30, 2016 @03:02PM (#12010876)
No, you've misread and inserted your own ideas as what I meant. The comment I replied to used 'avoid' in describing 'optional taxes'. I reused the word in disagreeing with the notion there are optional taxes, particularly as these allegedly optional taxes were suggested as taxes a corporation took action specifically to avoid.

[Edit]: Moreover, you still fail to address how I've suggested any notion of right amounts or paying more than the law requires. I have not. Since the comment I replied to used 'avoid', and you think avoid implies evading taxes, then you seem to assert I should understand the GP to be saying optional taxes are those taxes a company can take action to evade. This is even more problematic.

The effort a corporation expends to avoid taxes, such as those under scrutiny in the matter at hand, are not at all homologous to electing to take a dependent exemption for an individual citizen. Reducing one's tax bill via deductions and elected credits is not the same as going to great lengths to create special structures that enable a corporation to avoid tax bills altogether.

Re:Spanish authorities raid Google offices over tax by Pyxl101 on Thursday June 30, 2016 @04:09PM (#12011281)
> The effort a corporation expends to avoid taxes, such as those under scrutiny in the matter at hand, are not at all homologous to electing to take a dependent exemption for an individual citizen. Reducing one's tax bill via deductions and elected credits is not the same as going to great lengths to create special structures that enable a corporation to avoid tax bills altogether.

You've said it's not the same. How is it different? Both ways of reducing tax burden are things that the laws permit, and that have been established as lawful from much precedent.

Re:Spanish authorities raid Google offices over tax by bobwaycott on Thursday June 30, 2016 @04:33PM (#12011436)
What is lawful != what is ethical. Most of my comments in this thread and on this subject engage the ethical responsibilities of citizens and corporations to their societies, and their parts in the establishment and perpetuation of just and healthy societies.

Beyond that, there is quite an orders of magnitude difference between electing to take an individual deduction as a citizen and establishing complicated structural entities specifically to avoid or reduce taxes by increasing the complexity of determining tax obligation. If you do not see these things are different, I doubt I could convince you otherwise.

Re:Spanish authorities raid Google offices over tax by hueving on Thursday June 30, 2016 @09:39PM (#12013291)
>If you do not see these things are different, I doubt I could convince you otherwise.

If you can't articulate why they are different, then perhaps the distinction isn't as clear as you seem to think.

Why do you think a person incorporates a small business instead of operating as a sole proprietor? Why do you think small businesses save all kinds of receipts and pay accountants to ensure they are maximizing expenses?

Re:Spanish authorities raid Google offices over tax by bobwaycott on Thursday June 30, 2016 @10:02PM (#12013397)
Who says I can't articulate the difference? You seem to be incapable of avoiding jumping to some seriously erroneous conclusions throughout our exchange here. I most certainly can articulate the difference, and have succinctly done so more than once while reiterating what specifically I am targeting with my comments—a target you continue to ignore and brush aside. You seem to want to argue. I see no indication that writing hundreds of more words will move the needle of this discussion. You make assertions and ask questions that are wholly divorced from my point, and seem to somehow entirely miss the point of every statement I've made.

For your edification, I run a business. I do not pursue complicated measures or hire accountants to minimize or avoid taxation, maximize expenses, or anything similar. I practice what I preach, as the saying goes. And such behavior is entirely counter to everything I'm saying is important here.

Re:Spanish authorities raid Google offices over tax by hueving on Monday July 04, 2016 @02:50AM (#12029220)
Drawling on with small examples that seem obvious to you is worthless. It's not articulating anything, it's only proving the point that there is no real distinction other than one method of paying the legally required amount of taxes feeling more icky to you than another.

Is your line in the sand the involvement of accountants or lawyers? Any publicly traded company needs both of those anyway even if they have extremely boring returns. So what is it that draws the line for you?

Re:Spanish authorities raid Google offices over tax by Pyxl101 on Monday July 04, 2016 @04:35AM (#12029471)
I'm interested to hear your opinion on this, but you've got to actually explain, not merely state differences and conclusions.

> Who says I can't articulate the difference?

The comments have not included one so far. What you've said is that one thing is not the same as another, but you have not included an explanation of what difference you see there as being, or how that difference leads to one thing being moral and the other immoral.

> What is lawful != what is ethical.

> The effort a corporation expends to avoid taxes, such as those under scrutiny in the matter at hand, are not at all homologous to electing to take a dependent exemption for an individual citizen.

> Reducing one's tax bill via deductions and elected credits is not the same as going to great lengths to create special structures that enable a corporation to avoid tax bills altogether.

You've said they're not the same, but you haven't explained what the differences are, why the differences are significant to this discussion, and how the differences should support your analysis of the morality. Your comments leave it to the reader to infer what the differences are between one thing or another, and draw conclusions from them that support your point.

I read your comments as expressing the point, "These things are not the same, and one of them is immoral, and if you don't agree with me already then I don't see the point of explaining." It's fine if you want to hold that opinion. However, someone wrote a comment disagreeing with that point of view, and you've attempted to rebut it. People write comments on HN because they like to analyze and understand, but your comments don't include more than a pure opinion on your part that one of these behaviors is wrong without saying why. It's not very constructive to share an opinion without being willing to explain why you think it, especially given that you responded to people who sought to discuss it.

I think a strong argument was made against your point. I will restate it: "Governments have the ability to levy taxes. If they need money they should levy a tax. It's that simple. There is no 'right amount' that a company should be paying that is more than the law requires them to pay."

I think that's a pretty good point - don't you? What is your argument for why companies should pay more tax than they're required to pay? You seem to believe that there's some morally correct amount of tax that companies are morally obligated to pay, other than the amount specified by law, but you haven't provided a justification for why that is so, or for determining what that amount is. You have just said that corporate tax avoidance is different (in an unstated way) from individual tax avoidance. Even if we agreed that they're different in many significant ways, the morality or immorality of tax avoidance does not automatically follow from recognition of differences.

You could articulate your point better by starting with, "It's immoral for corporations to seek to lower their tax burden because..." and then follow up by explaining, "It's still moral for individuals and sole proprietors to seek to lower their tax burden because ... " It would illustrate the issue much better to explain what the essential difference is, and why that difference leads to it being immoral. What are the criteria for tax avoidance in an organization or company to be immoral?

Re:Spanish authorities raid Google offices over tax by downandout on Thursday June 30, 2016 @01:52PM (#12010378)
You're entitled to your opinion (even if expressed in an insulting way, as you did here), and I'm certain that there are ways for you to maximize your personal tax bill to help satisfy the social responsibility that you feel others have. Lead by doing. However, I don't think you'll find tax maximization strategies in use at any major corporation, now or at any time in the future, and I'd expect shareholder lawsuits if they were ever utilized.
Re:Spanish authorities raid Google offices over tax by bobwaycott on Thursday June 30, 2016 @02:30PM (#12010666)
You, like your sibling respondent, appear to be replying to things I have not said. No suggestion was made for maximizing taxes or overpaying.

Also, I didn't express myself in an insulting way. You've edited this comment a few times now, and it's cool to just stick with the actual topic. I made no insults.

Re:Spanish authorities raid Google offices over tax by downandout on Thursday June 30, 2016 @02:42PM (#12010753)
"That you cannot think of such an argument doesn't mean much. That such possible arguments wouldn't obtain "legitimacy" in your mind explains far more about your conception of the role of business in society."
Re:Spanish authorities raid Google offices over tax by bobwaycott on Thursday June 30, 2016 @03:03PM (#12010886)
That is not an insult.
Re:Spanish authorities raid Google offices over tax by ptaipale on Friday July 01, 2016 @02:08AM (#12014144)
It clearly attempts to be.
Re:Spanish authorities raid Google offices over tax by bobwaycott on Friday July 01, 2016 @03:25AM (#12014416)
It absolutely does not.
Re:Spanish authorities raid Google offices over tax by andrewprock on Thursday June 30, 2016 @01:17PM (#12010073)
Of course there is. I think there is a strong economic consensus that government subsidies can be bad. Your argument essentially invalidates that and supports a world where legal corruption is moral.
Re:Spanish authorities raid Google offices over tax by hueving on Thursday June 30, 2016 @01:53PM (#12010386)
>Your argument essentially invalidates that and supports a world where legal corruption is moral.

No it doesn't. It implies that the correct fix is to eliminate tax loopholes, not attempting to guilt a corporation into paying more, which is about as effective as guilting the sun into cooling down.

Re:Spanish authorities raid Google offices over tax by andrewprock on Thursday June 30, 2016 @02:35PM (#12010707)
Well, now your arguing "that companies should pay what amount to optional taxes" by closing tax loopholes.
Re:Spanish authorities raid Google offices over tax by zardeh on Thursday June 30, 2016 @03:53PM (#12011179)
They're no longer optional at that point.
Re:Spanish authorities raid Google offices over tax by munificent on Thursday June 30, 2016 @01:23PM (#12010127)
How does that thinking apply when you consider that companies actively lobby and work to affect the laws?

Are you arguing that companies have a responsibility to change laws to maximize their profits? If a company could get a law passed that let them, say, remove all environmental restrictions, are you arguing that they should do that?

Do their fiduciary responsibilities trump their social ones?

Re:Spanish authorities raid Google offices over tax by HappyDreamer on Thursday June 30, 2016 @03:00PM (#12010870)
A super interesting question.

If a company attempts to abolish environmental restrictions, in order to, say, get to sell food with carcinogenic substances, and in that way make more money — then one viewpoint can be, that the company attempts to make money by killing people. I.e. attempted murder.

Therefore the executives and people at the company, responsible for lobbying / bribing politicians, in order to remove all environmental restrictions so that the company can sell poisonous food — they should go to prison.

Right now I think that's what I wish would happen.

Tax evasion (= money "only"), though, is very different from removing environmental restrictions (= killing people).

Re:Spanish authorities raid Google offices over tax by smokeyj on Thursday June 30, 2016 @03:38PM (#12011082)
So lobbying is the equivalent of murder.. but the party accepting the bribe.. that was entrusted to protect you from murderers.. should not go to prison?

Frankly, in this picture you've painted, I'm not sure what the point of this bribe accepting party is. This is like having a body guard that might shoot you if there's a higher bidder. The whole point of the body guard is to protect you from killers, but now he's shopping around for contracts on your head. It's almost like the State having a monopoly on violence is paradoxical to it's alleged end goal.

Re:Spanish authorities raid Google offices over tax by HappyDreamer on Thursday June 30, 2016 @11:57PM (#12013778)
Should [a lawmaker accepting a bribe / lobbying-money to remove restrictions meant to prevent people from dying] go to prison? In some cases, yes I would probably want that to happen.

Imagine a company and a few lawmakers that via bribes/lobbying remove regulations around asbestos (which is very carcinogenic) and start building houses with asbestos (because asbestos is inexpensive). Now people are going to die in cancer, almost for sure. The company and lawmakers are, in my opinion, killing people to make money. So, they should go to prison.

So I think I want laws that prevent companies _and_ politicians/lawmakers from suggesting-to-remove and removing important environmental restrictions meant to save people's lives.

Perhaps it sounds weird with laws about what regulations/laws might be canceled. Some kind of "meta laws". One way to think about it, could be a defense-in-depth. Now it gets even harder for some evil company, to make money by destroying the environment & hurting people.

I'm not sure all this would work out well in practice though.

Re:Spanish authorities raid Google offices over tax by smokeyj on Friday July 01, 2016 @10:02AM (#12016056)
You're describing a bodyguard that might kill you if there's a higher bidder. And your solution is to give the bodyguard more power.

Dude. I just want you to consider that your relationship with said bodyguard is abusive and preventing you from thinking straight. And said bodyguard will never care about you more than the money his higher up friends will provide. I know this bodyguard told you a lot of lies, about always being there for you. About protecting and serving. Sorry dude, it's lip service. The bodyguard works for the highest bidder and the highest bidder isn't you or me.

The solution?? Higher a real god damn bodyguard! One with a collateralized contract and reliable arbitrator of your mutual choosing. Turns out social contracts aren't worth the imaginary paper they're written on.

Re:Spanish authorities raid Google offices over tax by ptaipale on Thursday June 30, 2016 @04:25PM (#12011384)
Everything is carcinogenic, or poisonous - it's always only a matter of dose. Defining lobbying as murder in such a broad category as this is silly.
Re:Spanish authorities raid Google offices over tax by HappyDreamer on Thursday June 30, 2016 @11:41PM (#12013734)
Actually there is a misunderstanding. I didn't write about everything — I had in mind carcinogenic stuff, dangerous enough to make people sick and kill some (in a large population). So when you write "such a broad category" and you have in mind literally everything — then that's not what I meant.
Re:Spanish authorities raid Google offices over tax by ptaipale on Friday July 01, 2016 @12:19AM (#12013845)
Yes, but your definition for "carcinogenic stuff" most likely would be interpreted by activists to include e.g. glyphosate - which is now classified as "category 2A possibly causes cancer" and is getting a lot of attention. In reality, category 2A also includes manufacture of art glassware, hairdressers, and shift work, and the more dangerous category 1 includes e.g. beer.

Still you can bet the activists would use our murder charge approach to attack glyphosate manufacturers, not beer manufacturers.

Re:Spanish authorities raid Google offices over tax by HappyDreamer on Saturday July 02, 2016 @12:32AM (#12021379)
Interesting, didn't know beer is carcinogenic. Googled about that — apparently, although alcohol it's carcinogenic, drinking a little bit, reduces the risk for cancer (and heart attacks).

Actually personally I didn't have in mind the possibly causes cancer category. I had in mind more obviously dangerous things like asbestos, and something that was in heavy use in Europe like 30? 50? years ago but then got forbidden because it resulted in severe birth defects. [Edit: I think it's called Thalidomide, was sold as a drug named Contergan]

Some activists do "attack" beer manufacturers :-) (I found out when googling for "beer carcinogens"). And this particular beer manufacturer did apparently listen to what people said, and removed some carcinogenic caramel coloring from a beer. http://organics.org/8-beers-that-you-should-stop-drinking-im...

Re:Spanish authorities raid Google offices over tax by ptaipale on Saturday July 02, 2016 @03:20PM (#12023518)
Of course, being carcinogenic (containing carcinogens) and actually causing cancer are not quite the same thing.

But NGO activism does not attack just the actually dangerous things; it attacks things that can be used to raise money.

Re:Spanish authorities raid Google offices over tax by downandout on Thursday June 30, 2016 @01:30PM (#12010196)
For-profit corporations are not formed to serve the public good. They are formed to make money for their shareholders. They can and should always act in their own interest.

Lawmakers exist specifically to serve the public good. If they are allowing lobbyists to affect this responsibility, then they should be voted out of office.

So yes, corporations that can afford to do so have a responsibility to try to get laws passed that favor them, and elected lawmakers have a responsibility to the public to ensure the laws that they pass are in the public interest.

Re:Spanish authorities raid Google offices over tax by andrewprock on Thursday June 30, 2016 @12:58PM (#12009912)
Yet, they also have an ethical responsibility to the society in which they operate. Being legal and ethical are two different things.
Re:Spanish authorities raid Google offices over tax by mrschwabe on Thursday June 30, 2016 @01:03PM (#12009965)
What if the taxes are unethical?
Re:Spanish authorities raid Google offices over tax by kafkaesq on Thursday June 30, 2016 @04:14PM (#12011309)
What if the taxes are unethical?

Doesn't matter -- when the principals signed documents agreeing to incorporate, they simultaneously agreed to abide by the what the law says in regard to paying taxes due as the law requires. If they thought these laws were "unethical"... well, that was their chance to make a principled stand against them.

Re:Spanish authorities raid Google offices over tax by andrewprock on Thursday June 30, 2016 @01:13PM (#12010037)
That's like asking "what if profits are unethical?"
Re:Spanish authorities raid Google offices over tax by mrschwabe on Thursday June 30, 2016 @01:24PM (#12010138)
Why would profits be unethical?
Re:Spanish authorities raid Google offices over tax by bobwaycott on Thursday June 30, 2016 @01:35PM (#12010236)
Profits would be unethical if they were derived from unethical business practices. This isn't difficult to imagine.
Re:Spanish authorities raid Google offices over tax by mrschwabe on Thursday June 30, 2016 @02:05PM (#12010483)
Okay fair point. Though I don't necessarily see the correlation to taxation. I assume what perhaps is being implied is that the money from taxation can be used for ethical or unethical practices (as oldmanjay points out). Yet that analogy skips how tax is only possible with profit, not to mention the fundamental issue of whether or not taxation of profit is ethical in the first place.
Re:Spanish authorities raid Google offices over tax by bobwaycott on Thursday June 30, 2016 @03:26PM (#12011010)
Well, your original question was in response to an assertion that a corporation has an ethical responsibility to its society. You asked what if the taxes are unethical, which strikes me as a bit silly at best. I only offered a suggestion to your second question of why certain profits would be considered unethical. The matter of the choices made by leaders who spend tax revenue is independent of levying, paying, and collecting taxes.

If you have an argument that describes how taxing profits is unethical in contemporary society, as they are legislated by elected representatives, I'm sure there are others beside me who'd love to read it.

Re:Spanish authorities raid Google offices over tax by jedmeyers on Thursday June 30, 2016 @02:15PM (#12010552)
Then taxes is not the way to remove those profits from the company.
Re:Spanish authorities raid Google offices over tax by bobwaycott on Thursday June 30, 2016 @02:17PM (#12010571)
That wasn't the question I was answering.
Re:Spanish authorities raid Google offices over tax by spdy on Thursday June 30, 2016 @01:14PM (#12010046)
How can a tax be in this category?
Re:Spanish authorities raid Google offices over tax by oldmanjay on Thursday June 30, 2016 @01:23PM (#12010131)
There are many ways a tax can be unethical. It may finance torture, invasion, and fomenting coups in undeveloped nations that lead to widespread suffering. For example.
Re:Spanish authorities raid Google offices over tax by bobwaycott on Thursday June 30, 2016 @01:33PM (#12010222)
That is not an ethical problem with the tax, but with the choices made by leadership on policies and budgets.
Re:Spanish authorities raid Google offices over tax by hueving on Thursday June 30, 2016 @01:54PM (#12010397)
Sure it is. Taxes can be levied for very specific purposes. Even ignoring that category of taxes, if you find that a whole country is operating immorally, then funding that company is immoral.
Re:Spanish authorities raid Google offices over tax by lostlogin on Thursday June 30, 2016 @02:53PM (#12010825)
To reply to a comment I can't reply to: spdy 7 minutes ago

But this is not the context we are talking about here. Spain is part of the EU and the so called "1st" world.

I'm not sure if you're being tongue in cheek or not, but the 1st world may have less repression and human rights violations but it doesn't have none. And member states have invaded other countries in recent memory, have been involved in torture, institutional racism, etc.

Re:Spanish authorities raid Google offices over tax by bobwaycott on Thursday June 30, 2016 @03:32PM (#12011049)
FYI: you can reply to any comment by clicking on the n [minutes/hours/days] ago link.
Re:Spanish authorities raid Google offices over tax by yongjik on Thursday June 30, 2016 @04:22PM (#12011358)
You can't willingly start a business in a country that finances torture and invasion, make yourself money, and then turn around and say you won't pay tax because the country is unethical. That will be hypocrisy of highest magnitude.
Re:Spanish authorities raid Google offices over tax by spdy on Thursday June 30, 2016 @02:37PM (#12010715)
But this is not the context we are talking about here. Spain is part of the EU and the so called "1st" world.
Re:Spanish authorities raid Google offices over tax by cardamomo on Thursday June 30, 2016 @01:36PM (#12010240)
"Taxation without representation."
Re:Spanish authorities raid Google offices over tax by infodroid on Thursday June 30, 2016 @01:56PM (#12010412)
If you have the friends that companies like Google do, then I don't think you have any problems with representation.
Re:Spanish authorities raid Google offices over tax by bobwaycott on Thursday June 30, 2016 @03:27PM (#12011020)
Taxation without representation has not been an issue in America since 1776. Unless you're referring to multinationals lacking direct representation in foreign legislatures. At which point, it's fair to both consider that as a reasonable consequence of choosing to engage in business in other national jurisdictions, and to admit they undoubtedly have indirect representation.
Re:Spanish authorities raid Google offices over tax by varunom on Thursday June 30, 2016 @01:56PM (#12010409)
For a wider prospective of how this whole tax haven thing got setup [0] is a nice read.

0: http://michael-hudson.com/2016/04/laundering-havens-for-war-...

Re:Spanish authorities raid Google offices over tax by MR4D on Saturday July 02, 2016 @09:19PM (#12024449)
Don't blame the companies. Blame the politicians that make the laws.

Another example of this stupidity by governments is making gambling illegal due to "morals", and then hosting a government-run lottery. Clearly their motives are not morals, but money.

Get involved with politics and get the laws changed. In so many of these cases, the laws are so poorly written that you could drive a truck through them.

I'll bet the anything Google did wrong here (legally) is minor at the most. Check back in a year and down-vote me if I'm wrong.

Re:Spanish authorities raid Google offices over tax by refurb on Thursday June 30, 2016 @03:08PM (#12010907)
Yes, but it's the gov't who decides what the actual tax laws are, right? The corporations are just following those laws.

If the gov't wants to put an end to this behavior, they can. They just need to change the laws.

Re:Spanish authorities raid Google offices over tax by DanBC on Thursday June 30, 2016 @03:26PM (#12011013)
Government makes tax laws. Those laws are tested in court. Government tax departments tend not to prosecute for non-payment of tax unless it's a flagrant example of tax evasion, because court cases are complex and expensive. Prosecuting Google would take many years and be very expensive.

When a bunch of companies start misusing tax laws the tax authorities will tell them that it's wrong, announce how they'll regulate that bit of tax law in future, and reclaim a bit of unpaid tax. The companies can challenge it in court if they wish.

Non-payment of tax exists on a scale, with normal and expected tax planning at one end, probably legal (the accountants and lawyers claim it is) tax avoidance through to outright tax evasion.