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Apple publishes recommendations on tax reform ahead of Senate hearing on offshore tax practice

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Apple today has published its testimony proposing corporate tax reform and detailing the company’s tax practices ahead of CEO Tim Cook’s appearance at a Senate hearing on offshore tax practices scheduled for tomorrow.

In the testimony, Apple proposed what it called comprehensive corporate tax reform that should: Be revenue neutral, eliminate all corporate tax expenditures, lower corporate income tax rates; and implement a reasonable tax on foreign earnings that allows free movement of capital back to the US.

While some Subcommittee members may have differing views on these tax policy matters, Apple hopes the Subcommittee will see that these recommendations aim to create meaningful change and go well beyond what most US companies propose. As both a pioneer and participant in the American innovation economy, Apple looks forward to working with the Subcommittee on its efforts to encourage comprehensive reform of the US corporate tax system. Apple appreciates the opportunity to appear before the Subcommittee to contribute constructively to this important debate.

Apple also detailed the company’s current tax practices and noted it “made income tax payments to the US Treasury totaling nearly $6 billion – or $16 million per day.” Apple points out that, at a rate of 30.5%, that accounts for around “$1 out of every $40 of corporate income taxes collected by the US Treasury last year.”

Apple continued by commenting on its recent decision to borrow $17 billion in debt instead of repatriating offshore funds to help fund its shareholder return:
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Tim Cook discusses taxes before Tuesday’s visit to Congress: ‘Apple does not funnel domestic profits overseas’

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Yesterday Politico reported that Tim Cook will appear before Congress next week to testify in a hearing regarding how the company is handling its overseas finances and domestic taxes, and today Politico has published a brand new interview with the Apple CEO.

Tim Cook and Apple tend to avoid any public discussion aside from comments during quarterly earnings calls, but it seems the company is on a PR offense leading up to next week’s public hearings.

“We don’t have a large presence in Washington, as you probably know, but we care deeply about public policy and believe creative policy can be a huge catalyst for a better society and a stronger economy.”

Cook went on to defend Apple against any accusations that may come its way next week.

“I can tell you unequivocally Apple does not funnel its domestic profits overseas. We don’t do that. We pay taxes on all the products we sell in the U.S., and we pay every dollar that we owe. And so I’d like to be really clear on that.”

The Apple CEO also noted the company’s $100 million project to produce a Mac line in the United States this year, which the company says will add jobs to the economy.
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Apple’s stock buyback will cut its tax bill by more than the cost of the borrowing (AAPL)

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Washington Post columnist Allan Sloan observes that Apple’s plan to buy back $60b of its own stock will reduce the company’s tax bill by more than the cost of the loans it will take out to fund the share repurchase program.

If you’re wondering why a company with a cash balance of $145b would need to borrow $60b, it’s all about tax …
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Apple’s 27-inch iMacs hit the refurb store but you can often get a new one for less

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From 9to5toys.com  (Twitter, Feed, Facebook), today:

Apple today started offering a couple new models of its latest generation iMac through its refurbished online store. Previously Apple was offering refurbished units of the new 21.5-inch iMac only, but we hadn’t seen any 27-inch models hit yet, which we assumed was likely due to yield issues and significant delays experienced in the iMac’s first few months of launch. Today Apple has finally started offering both the entry level 27-inch iMac and the higher end iMac, in addition to a couple of BTO models. However, taking tax into account, you might be about to score a new one for around the same price…

You might not be able to entirely beat Apple’s refurbished price, but taking the tax into account, you can almost get a brand new 27-inch iMac for the same price. 9to5Toys breaks it down. 

For instance, the high end 3.2GHz model is currently available for $100 off on Amazon for $1,899. If you’re paying 8% tax on the refurb unit, that brings your total up to $1834.92. In many cases, buying new for around the same price or slightly more might be worth your while.

Apple Australia hit with $28.5M in back taxes after questionable use of tax havens

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Days after executives from Google, Amazon, and others were grilled by regulators in the United Kingdom over the issue of tax avoidance in Europe, The Sydney Morning Herald reported today that Apple’s Australian arm has been hit with a $28.5 million bill for back taxes in the country:

APPLE AUSTRALIA has been hit with a $28.5 million bill for back taxes, statements lodged with the corporate regulator in April show… News of the Tax Office bill comes as European governments put global technology companies under intense pressure over their complex ownership structures that rely heavily on a network of tax havens… Apple’s Australian arm reaped $4.9 billion in revenue last year through the sale of its computers, iPads and iPhones. The bill takes its total tax tab for the year ending September 24, 2011, to $94.7 million.

Earlier this year, The New York Times profiled how Apple uses tax havens, such as Nevada, Ireland, and Luxembourg, to sidestep taxes in both the United States and Europe. The U.K. isn’t the only country putting pressure on technology multinationals over tax avoidance schemes, SMH also noted the French government requested $252 million USD in back taxes from Amazon, a company that also uses Luxembourg as a tax haven for its Europe operations, earlier this week.
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Don’t hate the player, hate the game -NYTimes’ ‘How Apple Sidesteps Billions in Taxes’

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The New York Times delves into a divisive subject in American politics right now: Tax avoidance. Apple, like most international companies, sidesteps many California, United States, European, etc., taxes by using tax havens like Nevada, Ireland, Luxembourg, and the Virgin Islands.

The problem for the protagonists is that this is all very legal and practiced by just about every multi-national company in the interest of remaining competitive and maximizing stockholder share. Like most matters of this sort, the problem lies with the laws and loopholes that allow this to happen. Big companies spend a lot of money on lobbyists making sure that those loopholes do not get closed.

What may not be terribly patriotic are Apple, Google, Cisco, and other’s lobbying efforts against paying U.S. taxes on repatriating their overseas earnings. Apple currently has $74 billion overseas and a “tax holiday” on bringing that money and over $1 trillion from other companies back into the U.S. could cost the U.S. federal government $79B, according to the report. (Great Graphic at Bloomberg on why the $1 trillion holiday is likely going to happen.)

Apple responded to the NYT below:


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It’s tax time and Apple just got itself a new lead tax man

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Apple hired a new leader for its tax department, according to an SEC filing this morning. Phillip Bullock, formerly Symantec’s Chief Accounting Officer, chose to leave the company he joined in 2006 to join the winning team in Cupertino.

Phillip A. Bullock, who was appointed as Symantec’s Chief Accounting Officer in September 2009, announced he will be leaving the Company to lead the tax department at Apple, Inc., and not due to any disagreement with the Company on any matters relating to the Company’s operations, policies or practices.

Bullok has years of experience in the industry, serving as Vice President of Tax and Trade Compliance starting in 2006. He took responsibility for Symantec’s corporate risk assurance function in March 2007, and then he became Chief Accounting Officer in 2009. Before Symantec, he worked for a small tax practice.

This looks to be Apple’s third major hire this year after it hired John Browett from Dixons Retail to head its retail department. Apple also hired Robin Burrowes from Xbox to head App Store marketing in February.

Apple is known for finding the best in the industry, so we suspect it is no different here. Just in time to submit those taxes.