Going After the Bigs

From Australia:

Australian Treasurer Joe Hockey has said the government will introduce a new tax crackdown against 30 multinational corporations.

Without identifying the targets, Mr Hockey said the big corporations were “diverting profits earned in Australia away from Australia to no-tax or low-tax jurisdictions”.

He described the crackdown as “the first of its kind in the world”.

The legislation will be introduced to Parliament on Tuesday.

Mr Hockey said it was “pretty evident” which companies would be targeted.

Big multinational firms such as Google, Apple and Microsoft have been accused of moving their profits to countries with lower rates of tax.

BBC

From Bloomberg News: Elizabeth Warren is the Real Deal

Warren is a problem the financial industry didn’t expect to have right now. With the Republicans in control of Congress, this should be the time for Wall Street to soften regulators and their rules. The financial crisis is over, the housing market is recovering, and the economy is stable. A year ago, the sense of urgency about keeping a close watch over the financial industry seemed to be subsiding. Not anymore. Warren has re-sounded the alarm.

“There is a lot of talk coming from Citigroup about how Dodd-Frank isn’t perfect,” Warren continued. “So let me say this to anyone who is listening at Citi. I agree with you, Dodd-Frank isn’t perfect.” She paused, then spoke very slowly and emphatically: “It should have broken you into pieces.”

“More than any of the senators, she is making Wall Street nervous,” says Dick Durbin, a Democratic senator from Illinois and a fellow financial reformer. This spring, news broke that bank executives had told Democrats they were unhappy about the anti–Wall Street rhetoric coming from Warren and others. In some conversations, executives reportedly suggested they might withhold donations. Warren used the news as an opportunity to remind the public once again how banks wield power in Washington. “The big banks have issued a threat, and it’s up to us to fight back,” she promptly e-mailed supporters, asking for donations.

Bloomberg News — including a nice graphic of friends and enemies.

And Krugman at the Times weighs in, calling out the Wall Street Vampires:

…. let’s just note that these days Wall Street, which used to split its support between the parties, overwhelmingly favors the G.O.P. And the Republicans who came to power this year are returning the favor by trying to kill Dodd-Frank, the financial reform enacted in 2010.

And why must Dodd-Frank die? Because it’s working.

…. Republicans would love to undo Dodd-Frank, but they are, rightly, afraid of the glare of publicity that defenders of reform like Senator Warren — who inspires a remarkable amount of fear in the unrighteous — would shine on their efforts.

Does this mean that all is well on the financial front? Of course not. Dodd-Frank is much better than nothing, but far from being all we need

Tax Subsidies to Corporate Giants

From the Washington Post:

The low wages paid by businesses, including some of the largest and most profitable companies in the U.S. – like McDonald’s and Wal-Mart – are costing taxpayers nearly $153 billion a year.

After decades of wage cuts and health benefit rollbacks, more than half of all state and federal spending on public assistance programs goes to working families who need food stamps, Medicaid, or other support to meet basic needs. Let that sink in — American taxpayers are subsidizing people who work — most of them full-time  (in some case more than full-time) because businesses do not pay a living wage.

[Actually, it’s worse than that.  Living wage means enough to live on now, while working. Nothing about putting aside enough, or paying back, for the years you don’t work, can’t work, aren’t allowed to work.]

$2.1 Trillion Withheld from Contributing to Nation’s Well Being

These corporate guys are like teenagers partying at what was once a nice location, tossing junk into the lakes, roaring up and down the roads, turning them into washboards and reading only beer can labels instead learning new and better ways of making the stuff of human nutrition.

Keep their profits off-shore, avoid taxes, contribute to the collapsing of the U.S. infrastructure and education of the young so that eventually the economic ecosystem that enabled their phenomenal growth collapses, and they along with it.

Eight of the biggest U.S. technology companies — including five from the Silicon Valley — added a combined $69 billion to their stockpiled offshore profits over the past year, even as some corporations in other industries felt pressure to bring cash back home.

Microsoft Corp., Apple Inc., Google Inc. and five other tech firms now account for more than a fifth of the $2.1 trillion in profits that U.S. companies are holding overseas, according to a Bloomberg News review of the securities filings of 304 corporations.

The total amount held outside the U.S. by the companies was up 8 percent from the previous year, though 58 companies reported smaller stockpiles.

There are mounting calls to bring back the military draft of young people so that “everyone has a stake” in the decisions to go to war or not.  I say, draft the corporations and the profits they make due not only to their own genius, hard work and good luck, but to the societal, legal and governmental structures that made it possible, and which all need on-going maintenance.  Take that away and the U.S. will soon look like an untended neighborhood, with abandoned houses, broken windows, listless residents and no way to find a way out.

Good News for those Who Work for a Living

Two bits of good news for the laboring classes today:

The shell game in which employers push off responsibilities for workers onto subcontractors or franchisees may be over

The general counsel of the National Labor Relations Board ruled on Tuesday that McDonald’s could be held jointly liable for labor and wage violations by its franchise operators — a decision that, if upheld, would disrupt longtime practices in the fast-food industry and ease the way for unionizing nationwide.

The ruling comes after the labor board’s legal team investigated myriad complaints that fast-food workers brought in the last 20 months, accusing McDonald’s and its franchisees of unfair labor practices.

Richard F. Griffin Jr., the labor board’s general counsel, said he found merit in 43 of the 181 claims, accusing McDonald’s restaurants of illegally firing, threatening or otherwise penalizing workers for their pro-labor activities.

In those cases, Mr. Griffin said he would include McDonald’s as a joint employer, a classification that could hold the company responsible for actions taken at thousands of its restaurants.  NY Times: Greenhouse

The awarding of government contracts to those who can’t get their houses in order may be coming to an end.

President Obama is expected to sign an executive order on Thursday that could make it harder for companies that violate wage, labor and anti-discrimination laws to win federal contracts, administration officials said on Wednesday.

Under the order, Mr. Obama will require federal contractors to disclose any labor violations that their companies committed over the previous three years, with government procurement officials then being advised to steer clear of those with repeated and egregious violations.

“The president’s view is that taxpayer dollars should not reward corporations that break the law,” …

NY Times: Shear and Greenhouse

 

The Book Wars: What to Do?

It has been clear for some time that the more book buyers (you and me) depend on Amazon the greater the destruction of bookstores.  It is becoming more apparent that publishers are also threatened. Amazon, the biggest distributor, wants a bigger share of e-book prices which it sells.  Hachette, no small business itself, is refusing.  Amazon is delaying  or making hard to order, Hachette books.  What to do?

In the US

The confrontation between Amazon and Hachette is growing louder and meaner, as the combatants drop all pretense that this is a reasonable dispute among reasonable people.

Amazon has proposed giving Hachette’s authors all the revenue from their e-book sales on Amazon as the parties continue to negotiate a new contract. Hachette’s response on Tuesday was to suggest that the retailer was trying to make it commit suicide

…  For more than six months, Amazon has been trying to wring better e-book terms out of Hachette. The publisher, which is the fourth largest in the United States and whose imprints include Little Brown and Grand Central Publishing, is energetically resisting.

Amazon has responded by delaying shipments of Hachette books and making it harder for customers to order them. Hachette authors have responded by publicly excoriating Amazon.

…  One author,, Ms. Robinson, whose books are not published by Hachette, said that “what writers want is a long-term healthy publishing ecosystem, not a temporary windfall.”

That applies to both parties, she added. “From our publishers we want a fairer share of e-book revenues; from Amazon we want an end to predatory practices that unfairly threaten their competitors, as well as the continued existence of the printed book.”

NY Times: Streitfield

In France

France, meanwhile, has just unanimously passed a so-called anti-Amazon law, which says online sellers can’t offer free shipping on discounted books. (“It will be either cheese or dessert, not both at once,” a French commentator explained.) The new measure is part of France’s effort to promote “biblio-diversity” and help independent bookstores compete. Here, there’s no big bookseller with the power to suddenly turn off the spigot.

The French secret is deeply un-American: fixed book prices. Its 1981 “Lang law,” named after former Culture Minister Jack Lang, says that no seller can offer more than 5 percent off the cover price of new books. That means a book costs more or less the same wherever you buy it in France, even online. The Lang law was designed to make sure France continues to have lots of different books, publishers and booksellers.

Fixing book prices may sound shocking to Americans, but it’s common around the world, for the same reason. In Germany, retailers aren’t allowed to discount most books at all. Six of the world’s 10 biggest book-selling countries — Germany, Japan, France, Italy, Spain and South Korea — have versions of fixed book prices.

NY Times: Druckerman

Buffet Blows and Opportunity

Joe Nocera has a pithy column about Warren Buffet (Saint Buffet) and a blown opportunity to do the very kind of good he has spoken about.

“The way to get big shots to change their behavior is to embarrass them.”

But when the opportunity came to join a shareholder instigated protest against enormous, and unreasonable, pay packages at Coca Cola, where he sits on the board, he passed it up.

Why?  It seems it was too embarrassing to embarrass others, his friends.

Buffett showed was how impossible it is for directors — even billionaires known for speaking their minds — to rock the boat. The need for collegiality trumped good corporate governance. As it almost always does.

How sad. If Warren Buffett won’t use his unparalleled clout to rein in excessive compensation, how can we expect anyone else to?

Uff

Protesting the Corporate Tax Breaks/Evasions

Some working folks took to the street yesterday to point out the hidden obvious — the big get away with big breaks, while the little guy east dust.

City nurses, janitors and other workers marched to Twitter’s headquarters on tax day Tuesday to deliver a symbolic tax bill for tens of millions of dollars for the “corporate tax giveaway” that helped persuade the company to move to San Francisco’s Mid-Market area

SF Gate

SEIU Twitter

Protesters target Apple for offshore tax shelters

Protesters dressed up as Apple Store employees in telltale blue t-shirts marched in front of the Union Square store Tuesday morning, calling on Apple to pay taxes on the $102 billion they said the company holds overseas.

The protest called on tech’s ethos of making the world a better place. Flyers handed out at the protest to shoppers passing by the store pointed them to www.techcandobetter.org, which pushes for better wages for security guards at tech companies.

SEIU USWW, the union that organized the march, represents security guards and janitors at many companies, not just tech, in San Francisco and the East Bay.

SF Gate

Free Markets, Not So Free –Again

Every few weeks we get another example of how the deified Free Markets of the Western World are not so free at all.  Free markets suppose that information about the goods being bought and sold is full, and that all interested parties have access to it, so that a ‘fair’ agreement can be reached between seller and buyer as to its value.

Full knowledge about the goods being sold is the first thing a budding entrepreneur seeks to hide.  The most recent way to do this is through complexification:  make a financial derivative so complex that no one can understand it, then pitch it hard enough and the buyer goes on hope and greed, never mind the knowing.

Books Flash BoysMichael Lewis, in his newest book, Flash Boys, shows us another cohort of free-market fanatics who sell the line and don’t believe in it at all:  high-speed traders.  Throw enough money and technology to sneak a peak and jump the line in trades, making pennies per share for multi-million share trades and a very nice profit happens — at the expense of those who, not knowing, pay a little “value-stolen” tax.

Lewis appeared on 60 Minutes Sunday, March 30, 2014 in a piece called “Is the U.S. Stock market rigged?

High-frequency traders, big Wall Street firms and stock exchanges have spent billions to gain an advantage of a millisecond for themselves and their customers, just to get a peek at stock market prices and orders a flash before everyone else, along with the opportunity to act on it.

Michael Lewis: The insiders are able to move faster than you. They’re able to see your order and play it against other orders in ways that you don’t understand. They’re able to front run your order.

Steve Kroft: What do you mean front run?

Michael Lewis: Means they’re able to identify your desire to, to buy shares in Microsoft and buy ’em in front of you and sell ’em back to you at a higher price. It all happens in infinitesimally small periods of time. There’s speed advantage that the faster traders have is milliseconds, some of it is fractions of milliseconds. But it”s enough for them to identify what you’re gonna do and do it before you do it at your expense.

Steve Kroft: So it drives the price up.

Michael Lewis: So it drives the price up, and in turn you pay a higher price.

Lewis also had a compressed version of the book in the Sunday New York Times Magazine, April 6, 2014  with much more of the technical details of how the skimming worked.

Katsuyama and his team did measure how much more cheaply they bought stock when they removed the ability of some other unknown trader to front-run them. For instance, they bought 10 million shares of Citigroup, then trading at roughly $4 per share, and saved $29,000 — or less than 0.1 percent of the total price. “That was the invisible tax,” Park says. It sounded small until you realized that the average daily volume in the U.S. stock market was $225 billion. The same tax rate applied to that sum came to nearly $160 million a day. “It was so insidious because you couldn’t see it,” Katsuyama says. “It happens on such a granular level that even if you tried to line it up and figure it out, you wouldn’t be able to do it. People are getting screwed because they can’t imagine a microsecond.”

Joe Nocera, at the Times, is impressed with the detective work of the small group who figured out what was happening and came up with a solution, of sorts, to keep the high-speed traders at the same speed as everyone else, though he thinks Lewis tells a story too perfectly at times.

William Alden at the Times’ “Deal Book” has a short precis of the book and alerts us to a live yelling match on CNBC between William O’Brien, the president of the BATS Global Markets exchange, who was clearly enraged and Lewis and Katsuyama.

O’Brien ought to be yelling as investigations of the practice have been begun in multiple places, one of which will certainly make changes to the legality of the peep-hole these traders have enjoyed for years.

It’s all pretty damned interesting.  Probably won’t get people to the barricades but it may be another straw in the growing bale of perception that wealth creation is more and more a rigged game, whose rules are written by the riggers and their hired politicians.

Corporations And Their Responsibility

Today’s S F Chronicle featured a front page magazine piece about SalesForce.com founder, Marc Benioff and his push to enlist other Bay Area corporations to follow his in being good citizens:

Salesforce.com founder Marc Benioff is challenging fellow tech leaders to raise millions to fund a new antipoverty program – and recast the industry as a local hero.

“We don’t want to be the industry that looks like ‘The Wolf of Wall Street,’ ” he told The Chronicle. “We want to be more benevolent.”

On Friday – the software company’s 15th birthday – Salesforce and the nonprofit Tipping Point will announce the formation of SF Gives, an initiative to raise $10 million over the next 60 days for Bay Area antipoverty programs.

Persuading 20 companies to contribute $500,000 apiece is just the start. Benioff, one of the city’s leading philanthropists, said he hopes to eventually expand the program to $100 million.  SF Gate

There is, by the way, a music event at Justin Herman Plaza, near the Ferry Building, all afternoon to celebrate the 15th anniversary of Sales Force and to raise money and food for that goal.

Now such corporate largesse would seem to be a welcome thing.  Who could complain about $10 million to help the impoverished?  The problem is two fold as I see it.  One, each corporation is necessarily guided by its Board of Directors along the value lines they set up.  Therefore, the decisions as to Who is supported, under What criteria for How long and When the help begins and ends are all privatized.  As we have seen recently, several corporations are suing the government for mandating medical care payments for services they don’t like.  It follows that a corporation or consortium of corporations will, predictably, have opinions about who the Deserving Poor are and distribute their support accordingly.

Secondly, the corporate anti-poverty push is so far, and likely to remain so, a local affair.  The Bay Area is home to Sales Force and many other mega billion dollar companies; Gallup, New Mexico is not.  The result of such local action will follow in the tracks of the public school system in which wealthy districts hold million dollar fund raisers every year; their districts far outstrip their poor brethren in the breadth of school offerings, size of classes, excellence of facilities, availability and quality of extra-curricular activities.  The notion of equal education and opportunity is lost but denied, since all are still in ‘public schools.’

Thirdly, how much is $10 million anyway?  According to a Forbes article, the US spends $550 billion yearly to alleviate poverty.  My calculator won’t show in decimal format how small a percentage that $10 million is.

Fourthly, why is such giving necessary in the first place?  Why are there so many poor?  Why, for example, is San Francisco the city in the nation where the disparity between its rich and its poor has grown the fastest?

What are the structural economic reasons for this?  Have salaries for Sales Force janitors, electricians and grounds keepers kept pace with those of the Benioffs and top managers?  Have the associated companies taken advantage of city and county tax breaks, thereby diminishing taxes available for infrastructure jobs?  Perhaps the smart guys in these corporations could help us all figure this out.  What are the algorithms of production, distribution and consumption most likely to get us to a stable, growth economy, where all who wish to work can, and those who are unable to work are provided for?  Where are the super-computer models that could help us move forward?

Finally, such corporate largesse if it does not now, will surely, be weighed against their corporate tax obligations.  Perhaps such gifts are already tax deductible, depriving the governments (state and national) from making decisions and allocations of tax moneys — based on input from affected communities and debates which, in theory at least,   are public.  Corporate Board decisions are not public.  Who are their constituents?  If the donations are not now deductible you can be sure that the argument will be advanced, strongly, that they should be, or should be more deductible if such corporate giving shows a decent track record in the next years.

And how have corporations done with their responsibilities to the national community through fair and equal taxation?  The corporate record can barely even be called spotty. According to a new report from Citizens for Tax Justice:

“A comprehensive, five-year study of 288 profitable Fortune 500 companies finds that twenty-six paid no federal corporate income tax over the five-year period; 111 paid no federal corporate income tax in at least one of the last five years, and one-third paid a U.S. tax rate less than 10 percent over the same period,” says a recent study by Citizens for Tax Justice, a Washington, D.C.-based group.

Among the companies that paid not a single penny over five years, despite making huge profits, are household names such as Boeing, General Electric, Priceline.com, and Verizon.

[Just scanning the report will set your hair on fire…]

Corporate Tax Dodgers

Further, the hue and cry from the GOP to roll back corporate taxes and compensate for lost revenue by stitching up loop-holes in the law is about to go silent completely, after a report by one of its own shows how many toes would have to be stepped on to come close to maintaining revenues while rolling back top tax rates.

… the Tax Reform Act of 2014 proposed last week by the chairman of the House Ways and Means Committee, Representative Dave Camp, a Michigan Republican …  seems unlikely to go anywhere, in no small part because the House Republican leadership has gone out of its way to distance itself from the proposal, praising Mr. Camp for his diligence and calling it worthy of consideration but not getting close to an endorsement.

In the talk about tax reform, there has been a general agreement that top rates should be reduced and loopholes closed, something Mr. Ryan has loudly endorsed. But there has been a great reluctance to get specific. This proposal does get specific, and in doing so it makes clear that much more needs to be done to reduce tax preferences and loopholes if we want both to finance the government and to lower tax rates.

To make the limited progress he does, Mr. Camp has to attack many tax preferences. Some are easy (did you know that for some reason the National Football League is tax-exempt?), but many are not. Americans who work overseas lose a tax break. The tax credit for buying electric cars goes away. So does the credit for adopting a child. A lot of tax provisions to provide aid for higher education costs are consolidated.

And so it goes.

It seems to me Benioff and friends would do all of us a big favor to put significant dollars into a tax reform campaign, into national discussion, payment for expert opinion, studies of other comparable countries, into its drafting and into lobbying to pass it — taxes which are recognized as corporate responsibilities.  After the payment of that obligated to the common good, and payment to workers of sufficient wages, if there is a strong benevolent ethos or particularly profitable years, additional gifting, corporately determined, would be a very nice thing, indeed.

Corporate Vacuum of Personal Data

From The Daily Banter.

“Since June, when the first leaks from Edward Snowden went public and a debate about the National Security Agency’s activities resumed, there’s been very little if any discussion about the unchecked, unaccountable use of corporate surveillance against consumers and citizens in general.

Corporations engaged in the collection of customer data are each their own NSA, without the oversight. There’s no equivalent of the FISA Court; no warrants; no requirements for minimization; it’s not restricted to anonymous metadata; and it’s everywhere.

Recently, a series of eye-opening examples of corporate surveillance popped up in the news with, of course, none of the accompanying public outrage that invariably careens at hyperspeed through the discourse every time another Snowden document drops. Here are just a few:  READ