General Electric, the nation’s largest corporation,
had a very good year in 2010.
The company reported worldwide profits of
$14.2 billion, and said $5.1 billion of the total came from its operations in
the United States.
Its American tax bill? None. In fact, G.E.
claimed a tax benefit of $3.2 billion.
That may be hard to fathom for the millions
of American business owners and households now preparing their own returns, but
low taxes are nothing new for G.E. The company has been cutting the percentage
of its American profits paid to the Internal Revenue Service
for years, resulting in a far lower rate than at most multinational companies.
Its extraordinary success is based on an
aggressive strategy that mixes fierce lobbying for tax breaks and innovative
accounting that enables it to concentrate its profits offshore. G.E.’s giant
tax department, led by a bow-tied former Treasury official named
John Samuels, is often referred to as the world’s best tax law firm. Indeed,
the company’s slogan “Imagination at Work” fits this department well. The team
includes former officials not just from the Treasury, but also from the I.R.S.
and virtually all the tax-writing committees in Congress.
While General Electric is one of the most skilled
at reducing its tax burden, many other companies have become better at this as
well. Although the top corporate tax rate in the United States is 35 percent,
one of the highest in the world, companies have been increasingly using a maze
of shelters, tax credits and subsidies to pay far less.
In a regulatory filing just a week before the
Japanese disaster put a spotlight on the company’s nuclear reactor business,
G.E. reported that its tax burden was 7.4 percent of its American profits,
about a third of the average reported by other American multinationals. Even
those figures are overstated, because they include taxes that will be paid only
if the company brings its overseas profits back to the United States. With
those profits still offshore, G.E. is effectively getting money back.
Such strategies, as well as changes in tax
laws that encouraged some businesses and professionals to file as individuals,
have pushed down the corporate share of the nation’s tax receipts — from 30
percent of all federal revenue in the mid-1950s to 6.6 percent in 2009.
Yet many companies say the current level is
so high it hobbles them in competing with foreign rivals. Even as the
government faces a mounting budget deficit, the talk in Washington is about
lower rates. President Obama has said he is considering an
overhaul of the corporate tax system, with an eye to lowering the top rate,
ending some tax subsidies and loopholes and generating the same amount of
revenue. He has designated G.E.’s chief executive, Jeffrey R. Immelt, as his liaison to the business
community and as the chairman of the President’s Council on Jobs and Competitiveness, and
it is expected to discuss corporate taxes.
“He understands what it takes for America to
compete in the global economy,” Mr. Obama said of Mr. Immelt, on his
appointment in January, after touring a G.E. factory in upstate New York that
makes turbines and generators for sale around the world.
A review of company filings and Congressional
records shows that one of the most striking advantages of General Electric is
its ability to lobby for, win and take advantage of tax breaks.
Over the last decade, G.E. has spent tens of
millions of dollars to push for changes in tax law, from more generous
depreciation schedules on jet engines to “green energy” credits for its wind
turbines. But the most lucrative of these measures allows G.E. to
operate a vast leasing and lending business abroad with profits that face
little foreign taxes and no American taxes as long as the money remains
overseas.
Company officials say that these measures are
necessary for G.E. to compete against global rivals and that they are acting as
responsible citizens. “G.E. is committed to acting with integrity in relation
to our tax obligations,” said Anne Eisele, a spokeswoman. “We are committed to
complying with tax rules and paying all legally obliged taxes. At the same
time, we have a responsibility to our shareholders to legally minimize our
costs.”
The assortment of tax breaks G.E. has won in
Washington has provided a significant short-term gain for the company’s
executives and shareholders. While the financial crisis led G.E. to post a loss
in the United States in 2009, regulatory filings show that in the last five
years, G.E. has accumulated $26 billion in American profits, and received a net
tax benefit from the I.R.S. of $4.1 billion.
But critics say the use of so many shelters
amounts to corporate welfare, allowing G.E. not just to avoid taxes on
profitable overseas lending but also to amass tax credits and write-offs that
can be used to reduce taxes on billions of dollars of profit from domestic
manufacturing. They say that the assertive tax avoidance of multinationals like
G.E. not only shortchanges the Treasury, but also harms the economy by
discouraging investment and hiring in the United States.
“In a rational system, a corporation’s tax
department would be there to make sure a company complied with the law,” said
Len Burman, a former Treasury official who now is a scholar at the nonpartisan
Tax Policy Center. “But in our system, there are corporations that view their
tax departments as a profit center, and the effects on public policy can be
negative.”
The shelters are so crucial to G.E.’s bottom
line that when Congress threatened to let the most lucrative one expire in
2008, the company came out in full force. G.E. officials worked with dozens of
financial companies to send letters to Congress and hired a bevy of outside
lobbyists.
The head of its tax team, Mr. Samuels, met
with Representative Charles B. Rangel, then chairman of the Ways and
Means Committee, which would decide the fate of the tax break. As he sat with
the committee’s staff members outside Mr. Rangel’s office, Mr. Samuels dropped
to his knee and pretended to beg for the provision to be extended — a flourish
made in jest, he said through a spokeswoman.
That day, Mr. Rangel reversed his opposition
to the tax break, according to other Democrats on the committee.
The following month, Mr. Rangel and Mr.
Immelt stood together at St. Nicholas Park in Harlem as G.E. announced that its
foundation had awarded $30 million to New York City schools, including $11
million to benefit various schools in Mr. Rangel’s district. Joel I. Klein, then the schools chancellor, and Mayor
Michael R. Bloomberg, who presided, said it was the
largest gift ever to the city’s schools.
G.E.
officials say the donation was granted solely on the merit of the project. “The
foundation goes to great lengths to ensure grant decisions are not influenced
by company government relations or lobbying priorities,” Ms. Eisele said.
Mr. Rangel, who was censured by Congress last
year for soliciting donations from corporations and executives with business
before his committee, said this month that the donation was unrelated to his
official actions.
Defying
Reagan’s Legacy
General Electric has been a household name
for generations, with light bulbs, electric fans, refrigerators and other
appliances in millions of American homes. But today the consumer appliance
division accounts for less than 6 percent of revenue, while lending accounts
for more than 30 percent. Industrial, commercial and medical equipment like
power plant turbines and jet engines account for about 50 percent. Its
industrial work includes everything from wind farms to nuclear energy projects
like the troubled plant in Japan, built in the 1970s.
Because its lending division, GE
Capital, has provided more than half of the company’s profit in some
recent years, many Wall Street analysts view G.E. not as a manufacturer but as
an unregulated lender that also makes dishwashers and M.R.I. machines.
As it has evolved, the company has used, and
in some cases pioneered, aggressive strategies to lower its tax bill. In the
mid-1980s, President Ronald Reagan overhauled the tax system after
learning that G.E. — a company for which he had once worked as a commercial
pitchman — was among dozens of corporations that had used accounting
gamesmanship to avoid paying any taxes.
“I didn’t realize things had gotten that far
out of line,” Mr. Reagan told the Treasury secretary, Donald T. Regan,
according to Mr.
Regan’s 1988 memoir. The president supported a change that closed
loopholes and required G.E. to pay a far higher effective rate, up to 32.5
percent.
That pendulum began to swing back in the late
1990s. G.E. and other financial services firms won a change in tax law that
would allow multinationals to avoid taxes on some kinds of banking and
insurance income. The change meant that if G.E. financed the sale of a jet
engine or generator in Ireland, for example, the company would no longer have
to pay American tax on the interest income as long as the profits remained
offshore.
Known as active financing, the tax break
proved to be beneficial for investment banks, brokerage firms, auto and farm
equipment companies, and lenders like GE Capital. This tax break allowed G.E.
to avoid taxes on lending income from abroad, and permitted the company to
amass tax credits, write-offs and depreciation. Those benefits are then used to
offset taxes on its American manufacturing profits.
G.E. subsequently ramped up its lending business.
As the company expanded abroad, the portion
of its profits booked in low-tax countries such as Ireland and Singapore grew
far faster. From 1996 through 1998, its profits and revenue in the United
States were in sync — 73 percent of the company’s total. Over the last three
years, though, 46 percent of the company’s revenue was in the United States,
but just 18 percent of its profits.
Martin A. Sullivan, a tax economist for the
trade publication Tax Analysts, said that booking such a large percentage of
its profits in low-tax countries has “allowed G.E. to bring its U.S. effective
tax rate to rock-bottom levels.”
G.E. officials say the disparity between
American revenue and American profit is the result of ordinary business
factors, such as investment in overseas markets and heavy lending losses in the
United States recently. The company also says the nation’s workers benefit when
G.E. profits overseas.
“We believe that winning in markets outside
the United States increases U.S. exports and jobs,” Mr. Samuels said through a
spokeswoman. “If U.S. companies aren’t competitive outside of their home
market, it will mean fewer, not more, jobs in the United States, as the
business will go to a non-U.S. competitor.”
The company does not specify how much of its
global tax savings derive from active financing, but called it “significant” in
its annual report. Stock analysts estimate the tax benefit to G.E. to be
hundreds of millions of dollars a year.
“Cracking down on offshore profit-shifting by
financial companies like G.E. was one of the important achievements of
President Reagan’s 1986 Tax Reform Act,” said Robert S. McIntyre, director of
the liberal group Citizens for Tax Justice, who played a key role in those
changes. “The fact that Congress was snookered into undermining that reform at
the behest of companies like G.E. is an insult not just to Reagan, but to all
the ordinary American taxpayers who have to foot the bill for G.E.’s rampant
tax sheltering.”
A
Full-Court Press
Minimizing taxes is so important at G.E. that
Mr. Samuels has placed tax strategists in decision-making positions in many
major manufacturing facilities and businesses around the globe. Mr. Samuels, a
graduate of Vanderbilt University and the University of Chicago Law School, declined to be
interviewed for this article. Company officials acknowledged that the tax
department had expanded since he joined the company in 1988, and said it now
had 975 employees.
At a tax symposium in 2007, a G.E. tax
official said the department’s “mission statement” consisted of 19 rules and
urged employees to divide their time evenly between ensuring compliance with
the law and “looking to exploit opportunities to reduce tax.”
Transforming the most creative strategies of
the tax team into law is another extensive operation. G.E. spends heavily on
lobbying: more than $200 million over the last decade, according to the Center
for Responsive Politics. Records filed with election officials show a
significant portion of that money was devoted to tax legislation. G.E. has even
turned setbacks into successes with Congressional help. After the World Trade Organization
forced the United States to halt $5 billion a year in export subsidies to G.E.
and other manufacturers, the company’s lawyers and lobbyists became deeply
involved in rewriting a portion of the corporate tax code, according to news
reports after the 2002 decision and a Congressional staff member.
By the time the measure — the American Jobs
Creation Act — was signed into law by President George W. Bush in 2004, it contained more than $13
billion a year in tax breaks for corporations, many very beneficial to G.E. One
provision allowed companies to defer taxes on overseas profits from leasing
planes to airlines. It was so generous — and so tailored to G.E. and a handful
of other companies — that staff members on the House Ways and Means Committee
publicly complained that G.E. would reap “an overwhelming percentage” of the
estimated $100 million in annual tax savings.
According to its 2007 regulatory filing, the
company saved more than $1 billion in American taxes because of that law in the
three years after it was enacted.
By 2008, however, concern over the growing
cost of overseas tax loopholes put G.E. and other corporations on the
defensive. With Democrats in control of both houses of Congress, momentum was
building to let the active financing exception expire. Mr. Rangel of the Ways
and Means Committee indicated that he favored letting it end and directing the
new revenue — an estimated $4 billion a year — to other priorities.
G.E. pushed back. In addition to the $18
million allocated to its in-house lobbying department, the company spent more
than $3 million in 2008 on lobbying firms assigned to the task.
Mr. Rangel dropped his opposition to the tax
break. Representative Joseph Crowley, Democrat of New York, said he had helped
sway Mr. Rangel by arguing that the tax break would help Citigroup, a major employer in Mr. Crowley’s
district.
G.E. officials say that neither Mr. Samuels
nor any lobbyists working on behalf of the company discussed the possibility of
a charitable donation with Mr. Rangel. The only contact was made in late 2007,
a company spokesman said, when Mr. Immelt called to inform Mr. Rangel that the
foundation was giving money to schools in his district.
But in 2008, when Mr. Rangel was criticized
for using Congressional stationery to solicit donations for a City College of New York school being built in his
honor, Mr. Rangel said he had appealed to G.E. executives to make the $30
million donation to New York City schools.
G.E. had nothing to do with the City College
project, he said at a July 2008 news conference in Washington. “And I didn’t
send them any letter,” Mr. Rangel said, adding that he “leaned on them to help
us out in the city of New York as they have throughout the country. But my
point there was that I do know that the C.E.O. there is connected with the
foundation.”
In an interview this month, Mr. Rangel
offered a different version of events — saying he didn’t remember ever
discussing it with Mr. Immelt and was unaware of the foundation’s donation
until the mayor’s office called him in June, before the announcement and after
Mr. Rangel had dropped his opposition to the tax break.
Asked to explain the discrepancies between
his accounts, Mr. Rangel replied, “I have no idea.”
Value
to Americans?
While G.E.’s declining tax rates have
bolstered profits and helped the company continue paying dividends to
shareholders during the economic downturn, some tax experts question what
taxpayers are getting in return. Since 2002, the company has eliminated a fifth
of its work force in the United States while increasing overseas employment. In
that time, G.E.’s accumulated offshore profits have risen to $92 billion from
$15 billion.
“That G.E. can almost set its own tax rate
shows how very much we need reform,” said Representative Lloyd Doggett, Democrat of Texas, who has proposed
closing many corporate tax shelters. “Our tax system should encourage job
creation and investment in America and end these tax incentives for exporting
jobs and dodging responsibility for the cost of securing our country.”
As the Obama administration and leaders in
Congress consider proposals to revamp the corporate tax code, G.E. is well
prepared to defend its interests. The company spent $4.1 million on outside
lobbyists last year, including four boutique firms that specialize in tax
policy.
“We are a diverse company, so there are a lot
of issues that the government considers, that Congress considers, that affect
our shareholders,” said Gary Sheffer, a G.E. spokesman. “So we want to be sure
our voice is heard.”