Despite widespread groans about the
recent disclosure that Apple
cheap cosplay
is finding ways to cut its federal tax bill, an
analysis shows the computer giant is one of scores of corporations largely
dodging the taxman.
A surprising number of companies in
the Standard & Poor's 500, 57, have found ways to pay effective tax rates
of zero, according to a USA TODAY analysis of data from S&P Capital IQ.
The effective tax rate is a popular
measure used by investors to compare how much companies pay in tax relative to
profit.
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The news comes months after after
the Government Accountability Office released a report showing that companies
in 2010 paid an average effective tax rate of 12.6%, well below the 35% federal
corporate tax rate.
Corporate giants such as telecom
firm Verizon, drugmaker Bristol-Myers Squibb and power management firm Eaton,
all paid effective tax rates of 0% during the past 12 months. The findings
underscore that while many companies bellyache about the top federal income tax
rate of 35%, in reality, many pay much less than that, says Nick Yee of
Gradient Analytics. "Investors hope company management is doing everything
they can to generate profit, legally," he says. "But the tax code is
gray, and there's often no set guidance."
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Some ways companies are driving
their effective tax rates to zero include:
• Offshore transfer payments. One
of the favorite ways for companies to slash their tax bills is by setting up
foreign subsidiaries to make raw materials and components in countries with low
tax rates. The companies' U.S. operations then purchase these parts from the
foreign units at well above cost. By doing this, the overseas unit makes a
large profit, which then escapes U.S. taxes, as long as it stays in the foreign
country, Yee says. Transfer payments are used at Bristol, Forest Labs, Agilent
Technologies, Eaton and Lam Research, he says. Many companies are likely
waiting for a U.S. tax-holiday, giving them a chance to bring the cash to the
U.S. tax-free, Yee says. Agilent and Bristol declined to comment. The other
companies didn't respond.
• Harvesting losses. Most of the
companies with effective tax rates of zero, or even negative, are money losers.
While Hewlett-Packard, J.C. Penney and E-Trade pay taxes, since they lose
money, they have negative effective tax rates due to the way the number is
calculated. Yet, some big companies that have lost money in the past accumulate
credits that can be used to offset tax bills in future years. These reserves
can be very lucrative and give profit a boost by lowering the effective tax
rate, Yee says. Companies with these tax loss reserves include General Motors
and Crown Castle, he says. GM, for instance, released credit from its reserve,
taking it down from $45 billion to $11 billion. Investors must be aware,
though, that once that $11 billion reserve is used up, the company's tax rate
returns to the statutory rate. All this follows tax rules, but investors need
to be aware. "This isn't anything illegal, but the reserve will run
out," Yee says. GM declined to comment. The other companies didn't
respond.
• Accounting rules. A big reason
that Verizon's effective tax rate is so low, coming in at a negative 4.8%, is
largely due to accounting. The company's sped-up depreciation, severance and
pension costs are large credits that contribute to pushing the company's taxes
down, says Jonathan Schildkraut of Evercore. But there's also a distortion
caused by the company's 55% interest in Verizon Wireless. Vodafone, which owns
45% of Verizon Wireless, pays taxes on its share, but the entire profit is
reported on income. Adjusting for this, Verizon's effective tax rate is closer
to 30%, the company says. Verizon is buying Vodafone's stake, which will
eliminate the issue in the future. Similarly, real estate investment trusts
have low effective tax rates because they pass profit to shareholders, who then
pay the taxes.
The question for investors is
whether or not companies paying low effective tax rates might,
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eventually,
attract the attention to regulators. "They are slow at getting at these
issues," Yee says.
"They were very, very
concerned about protecting those children," McMurry said.
McMurry said another state social
worker, based in Shelby County and
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assigned to work with the Hilgers, tried
unsuccessfully to get case files on the boys before the adoptions were
finalized in late 2004 and early 2005.
The worker did get the files later
in 2005, which documented the boys' past involvement in sexual misconduct, and
provided them to the family, McMurry said.
When the Hilgers learned of the
boys' past misconduct, Beverly Hilger said, they refused to renege on the
adoption — but as precautions, they installed alarms, baby monitors and locks
on the girls' bedroom doors, with keys that only the parents and girls had.
Only later, beginning in 2007, did
they begin to learn that the boys had found opportunities to abuse the girls,
Beverly Hilger said.
That's when the younger boy
admitted to molesting Ashley and threatening her if she ever revealed it,
according to the lawsuit. Another sister also told the Hilgers that the boy had
molested two younger, developmentally disabled girls in the family.
Beverly Hilger said in an interview
that she reported the abuse to the cabinet: "Their response was it was
child-on-child and there was nothing they could do about it.
"We put our girls in
counseling as quick as we could. We advocated for the younger boy to get into a
sex offender's program to try to get him the help he needed."
Hilger said the younger boy has
since apologized for his wrongdoing and is now living on his own as an adult in
another state. He has not been charged with a crime.
In 2010, Ashley reported to her
parents that she had been sexually abused by the older adopted son, Jose A.
Rodriguez, who was by then an adult. He is now awaiting an Oct. 30 trial on a
felony charge of sexual abuse against Ashley, according to the Shelby Circuit
Court clerk's office.
Ashley said she initially didn't
report Rodriguez, saying she was conflicted emotionally because he was her
adoptive brother and she didn't want to damage his hopes of making a better
life. She said she reported him after the abuse continued.
Beverly Hilger said she is
emotionally torn, but justice needs to be done.
"When you adopt a child, you
have to stand before a judge and raise your hand and swear ... you will care
for this child as if born of your body," she said. "I took those
words seriously. ... Unfortunately, our children can do wrong and have to be
punished."
But state workers "need to be
held accountable too," she said.
Beverly Hilger said the case
illustrates a "cancer that has been eating away at our system under the
guise of protecting our children.
"I'm not saying we've got the
answer for what's right. I'm saying something's broken here that needs to
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be
fixed. and the only way we're going to fix it is if everybody knows about
it."
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