From the category archives:

corporate

If the news that US tax revenues have fallen was disturbing, then this may be even worse: China’s tax revenues are expected to grow by 10% in 2009. The increase comes on the heels of a successful 2008 year in China, where tax revenues climbed 18.8% to 5.42 trillion yuan ($792.68 billion).

The “global crisis” is not affecting all nations the same. While it’s true that Chinese tax revenues were not as strong as projected, they still far outpaced US revenues. And it’s a trend that is expected to continue. The Chinese expect to bring in nearly 5.98 trillion yuan ($875.4 billion) next year, an increase of nearly 10%.

Why the increase? For one, Chinese industry is booming again. Industrial sectors are seeing vigorous growth, especially in steel and metals. The Chinese are one of the largest export countries in the world.

As someone who lives near one of the former steel hotbeds of the US, I find this a little sad. AISI (American Iron and Steel Institute) reported earlier this month that the US steel industry was “operating at only 53% capacity utilization and with imports year-to-date taking a quarter of the U.S. market.”

As our steel mills and automotive companies shut down, we’ve become a country that doesn’t make things anymore. Arguably only four of the top ten companies in the US actually “make” things (GM, GE, Ford and Hewlett-Packard as ranked by Fortune). We depend heavily on imports. In my brief survey this morning on twitter, most were unable to think of more than a handful of manufacturers in the US – and the lion’s share of those named were technology companies like Apple and Microsoft, which may be based in the US but actually manufacturer in places like China. (Though, in an ironic turn, I was informed that the world’s largest manufacturer of fortune cookies is located in Brooklyn.)

I have to think that this change of direction from manufacturing and agricultural based to overwhelmingly service based businesses has affected our bottom line, not just in terms of our collective budgets but in terms of taxes. As in the US, taxes account for most of the revenue in China. Value-added (VAT), corporate income and business tax revenues contributed about 70% of the increased revenue, according to the Chinese government.

But how do you tax a shifting economy? As you’ve no doubt noted over the past year, questions in the US about how to tax internet services and sales have become increasingly important. It’s easy to tax a piece of steel made in Bethlehem, but how do you tax a sale of a book when the site of the server is in, say, Japan?

And in an economy heavily dependent on real estate transactions and technology providers, how do we tax? Do we tax on the cost of the transaction (like a VAT), the gain from the transaction (like we do for real estate) or the wages attributable to the transaction (like we largely do now)? If we can move those transactions “off shore”, how does that affect how we tax them?

The point is that our current tax system is based on our “old” economy. We’ve been slow to make changes, to react to differences in our outputs. And it shows.

More “old world” countries like China and Germany have been slow to change their tax systems, too. But interestingly, the backbones of those economies, while evolving, do not seem to have shifted as dramatically as those in the US. Those countries, while adapting to new technologies, are still heavily manufacturer-based, 50% and 30%, respectively. In the US, manufacturer-based businesses now account for less than 20% of the economy – and that number is rapidly shrinking. (Stats by CIA’s World Fact Book)

I’m not suggesting that returning to a manufacturing-based economy is the answer to our current woes. Nor am I suggesting that we model our economy after the Chinese or German economies. But the first thing you learn in business that if something isn’t working, you try something else. We can’t keep plugging along just hoping for change, we need a better plan. We’re wise to heed the words of Winston Churchill who said: There is nothing wrong with change, if it is in the right direction.

[Editor's note: I got an email that a better video clip for this post would have been "Shutting Detroit Down" by John Rich. Believe it or not, I've posted that one before. You can see it here: http://www.taxgirl.com/shutting-detroit-down/]

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The IRS has issued some guidance on the “Consumer Assistance to Recycle and Save” (Cash for Clunkers program).

President Obama signed the bill into law on June 24, 2009 (you can download the bill here as a pdf). It’s basically a vehicle trade-in and purchase program (leases for more than 5 years work, too): you can receive up to $3500-$4500 in credits for trading in less fuel efficient vehicles. Different rules apply for different vehicles.

To qualify, your old vehicle must have been manufactured less than 25 years before the date you trade it in (that means it’s a ‘no’ for our Fiat Spyder – it turns 33 this year!); have a “new” combined city/highway fuel economy of 18 miles per gallon or less; be in drivable condition and be continuously insured and registered to the same owner for the full year preceding the trade-in. In other words, clunker or not, it must have been in use.

A new vehicle must, before any features, options, taxes, or destination charges are added to the price, have a MSRP or $45,000 or less. New cars must have a combined fuel economy value of at least 22 mpg; category 1 trucks must have a combined fuel economy value of at least 18 mpg; and category 2 trucks must have a combined fuel economy value of at least 15 mpg. There are no minimum mpg requirements for category 3 trucks but other restrictions apply. To get a feel for the mpg of various vehicles, you can check out the fuel economy web site (in case you’re wondering, when it comes to passenger cars, the Toyota Prius gets the best mileage overall, according to the site, and the Lamborghini Murcielago gets the worst mileage).

So, what does any of this have to do with tax? Well, on the individual tax side, nothing, since you can’t normally deduct the cost of your personal use vehicle (though don’t forget about the new car sales tax deduction). And the credit is like a discount, really, and doesn’t count as income to the buyer for tax purposes.

But on the corporate side, there was a lot of confusion. The credits for the vehicles are government funded: if the dealer meets all of the requirements, including crushing or disposing of the old cars, NHTSA will repay the dealer. The dealer must apply the credit amount to the customer. So it’s a wash really on the dealer’s side: it’s as if the credit never happened. Think about it: dealer sells $25,000 car to customer less $3,000 credit. NHTSA gives dealer $3,000. Dealer still walks away with $25,000.

So what does that mean when it comes to taxes on the dealer’s side? Normally, for tax purposes, gross receipts for the dealer include the full selling price of the vehicle. Since the credit is reimbursed to the dealer, it’s considered part of the selling price and is includible in the dealer’s gross receipts in the year that the vehicle is sold. With respect to expenses, if a dealer incurs any business expenses related to the disposal of the old vehicles, those expenses are deductible.

This is really a win-win for dealers. They are offering a “sale” to consumers for which they don’t take a hit. And since it doesn’t affect their bottom line, it doesn’t change their tax situation.

It’s a good idea for dealers to keep good records to back up claims for income and expenses… And do it quickly. It looks like, even with additional funding, this program won’t last long.

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Tax attorneys for Amazon.com must be working overtime these days…

This week, Amazon.com learned that it faced another affiliate challenge: in Japan. This time, however, rather than its affiliate sales program, the focus is on corporate affiliates for Amazon.com. The two affiliates in question are Amazon Japan and Amazon Japan Logistics, which, exactly as they sound like they would be, are responsible for sales and operations inside Japan.

The Tokyo Regional Taxation Bureau claims that Amazon.com’s US companies have been improperly booking sales income in the US for Japanese sales in order to avoid taxes in Japan. The Bureau has put Amazon on notice that it intends to try and collect back taxes of $119 million as a result of what it perceives as underreporting inside Japan.

Here’s the confusion: US companies that do business in Japan but don’t have a physical presence/branch office inside the country are not required to file Japanese tax returns. Amazon.com claims this is the case. But the tax bureau has determined that Amazon Japan and Amazon Japan Logistics have been acting as branch offices. As a result, Japan is seeking back taxes from the company through December 2005.

Amazon and its affiliates are currently in talks with the authorities: in other words, expect a settlement.

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Last year, New York decided to aggressively pursue a sales tax rule already on the books by expanding the definition of venue to include companies with affiliates physically present in the state. Many vendors, Amazon.com included, made a lot of noise about pulling their affiliate program; interestingly, Amazon.com didn’t go anywhere. They did, however, challenge the imposition of the tax and lost. A strongly worded opinion from the court noted that Amazon didn’t “even come close” in successfully arguing that the affiliate programs were merely advertising. At the time, I posited:

What does it all mean? I think there will be two significant outcomes:

1, Online retailers will begin to rethink the way that they do business with affiliates – especially in a tough economic climate.
2, Other states will jump on the bandwagon. California, anyone?

Sure enough, in May of this year, California began exploring ways to enforce collection of sales tax from online sales – clearly a wink at the existing New York victory. Curiously, Amazon.com has remained relatively quiet.

But of course. Those are, after all, the big boys. New York and California are two of the largest, wealthiest states. Pulling affiliate programs out of those states, in my opinion, would be dramatic and costly – especially considering that the tax wouldn’t come out of Amazon’s pocket.

But say you wanted to make a statement, fire a warning shot to other states that might be considering similar behavior… What would you do? If you were Amazon.com, maybe you’d start pulling your affiliate programs from smaller states.

Sure enough, in May of this year, many Amazon.com affiliates in North Carolina received this letter via email (provided to me from an affiliate):

We regret to inform you that the North Carolina state legislature (the General Assembly) appears ready to enact an unconstitutional tax collection scheme that would leave Amazon.com little choice but to end its relationships with North Carolina-based Associates. You are receiving this e-mail because our records indicate that you are an Amazon Associate and resident of North Carolina.

Please note that this is not an immediate termination notice and you are still a valued participant in the Associates Program. All referral fees earned on qualified traffic will continue to be paid as planned.

But because the new law is drafted to go into effect once enacted – which could happen in the next two weeks – we will have to terminate the participation of all North Carolina residents in the Amazon Associates program on or before that same day. After the termination day, we will no longer pay any referral fees for customers referred to Amazon.com or Endless.com nor will we accept new applications for the Associates program from North Carolina residents.

The unfortunate consequences of this legislation on North Carolina residents like you were explained in detail to key senators and representatives in Raleigh, including the leadership of the Senate, House, and both chambers’ finance committees. Other states, including Maryland, Minnesota, and Tennessee, considered nearly identical schemes, but rejected these proposals largely because of the adverse impact on their states’ residents.

The North Carolina General Assembly’s website is http://www.ncleg.net/ , and additional information may be obtained from the Performance Marketing Alliance at http://www.performancemarketingalliance.com/ .

We thank you for being part of the Amazon Associates program, and we will apprise you of the General Assembly’s action on this matter.

Unconstitutional, you say? A Manhattan Supreme Court judge sure didn’t think so.

When I asked via twitter for affiliates in North Carolina to comment on the proposed pull out, I received a number of similar responses. One commenter summed up the sentiment nicely:

I run several web sites that sell books. I’ve been working on these sites for 2 years now, building them up with good content. At the start of June, for the first time ever, I started seeing the fruits of my efforts. I started seeing a decent return coming in from my Amazon referral fees.

So you can imagine how devastated I am now that my account is closed. My account had close to 200 outstanding orders that hadn’t yet shipped yet when the account was closed. That’s money I’ll never see. On top of that, today I checked my account (as of this writing we can still login to our accounts) and discovered that several high priced electronics had been purchased through my link. You can imagine how this made me feel. Right now I’m sitting here with a throbbing headache – I think it’s stress-related.

I hope the NC legislature removes Section 27C.2 from the proposed budget bill. I’ve really enjoyed being an Amazon affiliate and don’t want the relationship to end.

North Carolina, for its part, isn’t backing down, just as New York held its ground. The online retailer maintains that the tax is constitutional. It’s interesting that Amazon.com has chosen to argue that it isn’t constitutional in the media but so far as I know, it hasn’t made that argument in a North Carolina court. Maybe, just maybe, it’s not an argument that Amazon.com thinks actually has much merit. But then, I’m just speculating.

With one state down, Amazon.com has forged on. The online giant also cut ties with Rhode Island and today, it just announced that it will cut affiliate ties with Hawaii.

Quite the powerhouse line up (with apologies to my readers in Rhode Island, Hawaii and North Carolina). Are you perhaps seeing a pattern?

I know, I know. Amazon.com surely has some wonderful explanation for its cherry picking. I’m sure of it. And I’d really love to hear it. Because otherwise it sounds like, well, you know… that some states are just a little more valuable to them than others.

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Fix the Tax Code Friday: Tax Credits for Business

26 June 2009

It’s Fix the Tax Code Friday!
Over the past few weeks, I’ve reported on a number of industry-specific tax credits offered to businesses, including tax credits for the tech industry and for the movie industry. Reports have been mixed as to whether these credits produce any results.
I’m interested to know what individual taxpayers think. [...]

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Ask the taxgirl: Issuing a form W-9

16 June 2009

Taxpayer asks:
I work for a small corporation. We routinely issue w9 forms whenever asked. However, a new customer asked me to send them a w9 form with our name and the address of our other manufacturing location. We have multiple manufacturing locations all covered under the same tax ID, name, etc. [...]

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Fix the Tax Code Friday: Tax Breaks for Investments

5 June 2009

It’s Fix the Tax Code Friday! Yesterday, I blogged about NC’s efforts to woo Apple and Google to the Tarheel state by passing corporate tax breaks directed at each of them. This is nothing new. In my own state of Pennsylvania, a new film tax credit is being touted in an effort [...]

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Landmark Transfer Pricing Case: Is it a Different World?

29 May 2009

It’s rare that decisions regarding transfer pricing make big news. But this one is different. An IRS victory in the Ninth Circuit against chip company Xilinx Inc. earlier this week may change the way that companies allocate their costs for purposes of transfer pricing. The decision already has international tax practitioners abuzz.
The [...]

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Obama Set to Shake Up Corporate Tax “Loopholes” Today

4 May 2009

The Obama administration is planning to announce a steps towards his promised “massive overhaul” of international financial regulations this morning. Administration officials do not expect the announcement to be popular.
So, the good news first. Obama will announce plans to make permanent a research tax credit that was to expire at the end of [...]

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Ask the taxgirl: Can I refuse to complete a form W-9?

19 March 2009

Taxpayer asks:
I have a Q. We run a large tow truck company. We tow for the Police, Sheriff, and Highway Patrol, as well as Federal Military Police. We also take private callers with disabled vehicles. We do our taxes every year with our CPA.
We received an emergency call in January. [...]

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