crocodile wrote on Dec 21
st, 2015 at 1:36pm:
tickleandrose wrote on Dec 21
st, 2015 at 12:46pm:
Example 2 - Questionable practice.
This company have 1 million dollars, but its 'based' in a nation with lax tax regulation. It sets up a company in Australia, and 'borrows' 1 million dollars from its other company at the interest rate of say 7% (note, business loan usually higher than home loan). The company makes 100 000 dollars like example 1 after usual deduction, but also deducts 70 000 in interest repayment. So all it have to do now is to pay 30 000 worth of company tax to Australia. The other 70 000 in profit goes to the head company in tax heaven, where it pays <10% tax.
It doesn't matter where it borrows the money. Interest has to be paid whether it borrows from another subsidiary, the bank of China or Mr Khemlani.
The example given is a fictitious loan that is designed to send money out of Australia without being taxed.
You would have no idea regarding the veracity of the loan unless you were party to the negotiations
For example, if the multinational "Megacorp" has branches in Australia and Singapore, and Megacorp sets up a financial structure where Megacorp Australia "borrows" money from Megacorp Singapore at a high interest rate, on paper it's simply interest payments on a loan, but in actual fact it is simply money being sent out of Australia tax-free.
Some other tax avoidance strategies used by multinationals:
* Transfer pricing
* Trademark holding companies
* Captive real estate trusts
None of these methods are in any way unlawful. Multinational companies may choose to domicile their operation wherever they wish. If you think for one minute that tax advantages don't enter the equation you would be incredibly naïve. If the Aussie government want to price themselves out of the market the participants will take their business elsewhere. Finding a legislative way to enforce IP and copyright holdings is something that has escaped legislators for decades.
This seems to be the major gripe amongst the poor sods around here that don't like the way organisations look for ways to reduce operating costs. Finding legislative and punitive ways around this will only blow up in their faces with a whole raft of unintended consequences. The simple fact is that local corporate taxes are out of kilter with international practices.
The workers are the ones that bear most of the burden of corporate taxation. There is no benefit in chasing it. Corporate taxes need to come down. Miraculously, the xfer pricing might just stop and workers wages get a shot in the arm as well.