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Do as I say, not as I do: CAT CEO whines about states taxes when his company doesn't actually pay any (due to fraud)

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  • Do as I say, not as I do: CAT CEO whines about states taxes when his company doesn't actually pay any (due to fraud)

    http://exiledonline.com/caterpillar-...e-you-plunder/

    They grow some giant hogs back there in Illinois, but the CEO of Caterpillar, HQ’d in Illinois, represents a whole new subspecies of giant pork-fat-based fauna, a species that has developed the ability to lecture America about the evils of taxing poor multinational corporations like Caterpillar, while simultaneously stuffing embezzled tax money into its pork-fattened coffers.

    In late March of this year, the Doug Oberhelman, Chairman and CEO of heavy equipment behemoth Caterpillar Inc, went to town with his “grievances” on the allegedly oppressive business climate in Illinois. It’s a story that’s been widely referenced by Republicans as “proof” that raising taxes kills jobs. In a letter (leaked to the public) to the governor of Illinois, Oberhelman threatened to move Caterpillar out of Illinois. The threat to move out of Illinois received wide publicity through media and financial bloggers and the likely effect was that Caterpillar was seen as a victim.The starting point for this brouhaha was supposedly Illinois temporarily raising its corporate taxes from 4.8% to 7% and temporarily raising personal income taxes from 3% to 5%.


    Doug Oberhelman points in the direction of Caterpillar’s offshore illegal tax shelters used to rat-fuck America.

    Earlier in January when the Illinois legislature was voting for a tax increase to make up for its deficit, the Caterpillar (CAT) CEO complained in a Chicago Tribune op-ed about the increase in the personal income tax rate -
    The personal tax rate at 5.25 percent would mean that more than an additional $40 million would be taken from the paychecks of Caterpillar’s Illinois employees in the first year.This is too much. Such dramatic increases in income taxes will stifle economic growth. The most prudent way to emerge stronger from this budget crisis is to cut state spending rather than only reducing the growth rate of expenditures.
    But neither he nor CAT spokespersons ever gave out any information about the impact of the Illinois tax increase on the corporate income (i.e. the net annual income of Caterpillar itself). Here’s Chicago Tribune reporting the CAT spokesman’s statement
    He added that Caterpillar’s corporate taxes in the state also will increase but provided no estimate on the added cost.
    And here is Chicago Tribune again on CAT
    Caterpillar does not break out how much it pays in Illinois corporate income taxes, but taxes paid to states within the U.S. represented 4.7 percent of its worldwide tax bill last year, and only 1.2 percent of the company’s worldwide earnings. In 2009, the company had a loss in the U.S. portion of its business and therefore owed no state or federal taxes.
    This lack of clarity and not wanting to turn attention towards their corporate taxes may have had something to do with the outing of the “tax fraud” that CAT had been perpetrating for some time.

    Bloomberg.com published this on July 8:
    Caterpillar Inc. used offshore subsidiaries in Switzerland and Bermuda to avoid about $2 billion in U.S. taxes from 2000 to 2009, boosting its earnings through a “tax and financial statement fraud,” according to a Caterpillar executive’s lawsuit. The company, the world’s largest construction-equipment maker, sold and shipped spare parts globally from an Illinois warehouse while improperly attributing at least $5.6 billion of profits from those sales to a unit in Geneva, according to the suit filed by Daniel J. Schlicksup. He was a global tax strategy manager for Caterpillar from 2005 to 2008.
    So who lost the money here due to CAT’s supposed “tax fraud” ? – the State of Illinois. While there was plenty of media coverage for Oberhelman’s letter to the Illinois governor, coming to the present nobody mentioned the incongruity of that letter when placed in the context of CAT’s “tax fraud” that reduced Illinois revenue. Libertarian financial bloggers like Mike Shedlock had gone all out against the state of Illinois when they got hold of the CAT CEO letter. Shedlock headlined his article as “Poisonous Illinois”. But when CAT’s $2 Billion “tax and financial statement fraud” came out in Bloomberg, Shedlock had nothing to say.

    Despite the Bloomberg report, Oberhelman gave this gratuitous commentary during the recent Caterpillar earnings release :
    “Lack of clarity on a U.S. deficit reduction plan, trade policy, regulation, much needed tax reform and the absence of a long-term plan to improve the country’s deteriorating infrastructure, do not create an environment that provides our customers with the confidence to invest,” Caterpillar chairman and CEO Doug Oberhelman said in the company’s earnings release Friday.
    The real question is this: Why should anyone who isn’t a corrupt scumbag or a brainwashed fool take seriously anything that a crooked tax cheat like Doug Oberhelman says? And yet the Establishment–from the media to Washington politicians in both parties–worships every word uttered by CEOs like Oberhelman as if they’re talking the Gospel, rather than selling us snake-oil.

    No wonder nothing’s improving in this country–except for the bank accounts of two-faced tax cheats CEOs like Doug Oberhelman.

  • #2
    Re: Do as I say, not as I do: CAT CEO whines about states taxes when his company doesn't actually pay any (due to fraud)

    Two questions:

    1) If the tax avoidance really is due to fraud then the company should be exposed to some serious prosecution and Directors liability...so is that really the case?

    2) What is the appropriate income or profits tax rate that corporations should pay, pray tell?

    Comment


    • #3
      Re: Do as I say, not as I do: CAT CEO whines about states taxes when his company doesn't actually pay any (due to fraud)

      Originally posted by GRG55 View Post
      Two questions:

      1) If the tax avoidance really is due to fraud then the company should be exposed to some serious prosecution...is that really the case?

      2) What is the appropriate income or profits tax rate that corporations should pay, pray tell?

      1. Sadly, it is not the case. Corporate wrongdoing is not prosecuted in the united states.
      2. Above zero; a little something towards the State that paves the roads near his headquarters. I wonder if Mr. Oberhelman even brings a covered dish to the church pot-luck dinner, or just dines free because a clever man can get away with it.

      Comment


      • #4
        Re: Do as I say, not as I do: CAT CEO whines about states taxes when his company doesn't actually pay any (due to fraud)

        Originally posted by thriftyandboringinohio View Post
        1. Sadly, it is not the case. Corporate wrongdoing is not prosecuted in the united states.
        2. Above zero; a little something towards the State that paves the roads near his headquarters. I wonder if Mr. Oberhelman even brings a covered dish to the church pot-luck dinner, or just dines free because a clever man can get away with it.
        If the USA is not actively prosecuting tax evasion, that would make it almost unique in the world. I have a difficult time believing this is the case, and suspect that everything CAT [and others] have done is within the applicable tax codes...because in most jurisdictions the penalties and Directors personal liabilities are usually extraordinarily severe otherwise. But these days I am constantly surprised by what passes for "normal" in the USA...

        Fine. Place a stable, predictable and "fair" tax on corporations. Then tell your politicians to stop screwing with it. Stop subsidizing new entrants to build factories in their jurisdiction that tilt the level playing field against existing employers. Stop accelerating the capital cost allowance deductions with every slow-down in the economy. Stop fiddling with employment deductions during every recession to bribe employers to hire more workers. Tell them to stop trying to pick "winners" and "losers". And for gawd sake tell them to stop bailing out every mis-managed two-bit failed company to "save jobs". There's more, much more. But I'm certain you get the idea. Maybe then corporations might feel that the tax system is something to be worked within instead of gamed, like the politicians keep doing with it...

        Comment


        • #5
          Re: Do as I say, not as I do: CAT CEO whines about states taxes when his company doesn't actually pay any (due to fraud)

          Originally posted by GRG55 View Post
          If the USA is not actively prosecuting tax evasion, that would make it almost unique in the world.
          Its an enforcement problem. The people don't want to enforce the rules if you're big enough, on top of this the banks/corps have lobbied loopholes into law for decades. So you have to fix 2 things at the very least before you can really tax the rich/mega corps properly or even at all again.

          Originally posted by GRG55 View Post
          Then tell your politicians to stop screwing with it.
          Politicians don't screw with things in a vaccum. They're corrupt fools at best for passing rules that allow the rich/mega corps to get out of paying taxes but if the rich/mega corps weren't throwing money and favors at them then we probably wouldn't have this problem either. Ultimately if you want to fix things permanently you're going to have get monied interests out of the government. That means greatly limiting if not eliminating lobbying at the very least, but no one at the top wants that gravy train to stop so good luck fixing anything at all.

          Comment


          • #6
            Re: Do as I say, not as I do: CAT CEO whines about states taxes when his company doesn't actually pay any (due to fraud)

            One scheme I've seen is where the patent or intellectual property for some critical part is sold to a shell corporation in a low-tax area for $1.00 or some nominal fee. The head company in the high tax zone gets a tax right-off on the sale after spending millions developing that product.

            Next, head office in high tax zone starts selling these parts or products on a world-wide basis. Every time they sell one, the "straw man" shell corporation in the low-tax zone gets a big fat royalty check for having used their intellectual property.

            Head office has a business plan that shows a "reasonable expectation of profit" will soon occur, even with the mile high royalties being paid to the low-tax zone corporation who was "gifted" the intellectual property.

            If the government happens to investigate, the head office hopes to raise the selling price soon, but they need a government grant/subsidy/etc. to help beat the lower prices of foreign competition who don't pay the huge royalty fee to the low-tax zone "straw man" corporation.

            If they are especially sleezy, the executives of the parent company own, or get dividends/bonuses/consulting fees/etc. from the low tax zone "straw man" corporation, thereby raping the shareholders of the parent corporation for the personal profit of the management & their friends/family. If not, it's owned by the corporation's sleezy lawyers, banksters from Wall Street et al., and those of similar ilk.

            It's quite a game that the banksters and their evil minions play.

            Who is at fault?

            • The government who writes the laws that are full of loopholes, that eventually get exploited? Are these loopholes purposely left for their "friends" to find & exploit?
            • Is it the organizations who take advantage of these loopholes and even shadier deals to their short term advantage?
            Last edited by Glenn Black; August 01, 2011, 10:00 AM.

            Comment


            • #7
              Re: Do as I say, not as I do: CAT CEO whines about states taxes when his company doesn't actually pay any (due to fraud)

              Its not just taxes. The government fails to enforce a lot of our laws. Usually for political reasons, but sometimes just because they are lazy. Georgia law requires state licensing to perform plumbing, electrical, and HVAC for instance. This is not a mere technicality, but rather a matter of safety to a large degree. But try to report unlicensed work being performed? You'll be met with blank stares and protests that " Its not my job" or " there's no money for enforcement. Like our immigration laws, they've become a joke. So why do they still exist? What other laws don't really matter? Who gets to decide which are enforced and which are not? The ambiguity leads to a lack of respect for laws in general. People realize there are different versions of the law. One for them and one for you. Seems to me these laws only exist to bring the honest law abiding into line. The rest get away with a wink and a nod.

              Comment


              • #8
                Re: Do as I say, not as I do: CAT CEO whines about states taxes when his company doesn't actually pay any (due to fraud)

                Originally posted by flintlock View Post
                Its not just taxes. The government fails to enforce a lot of our laws. Usually for political reasons, but sometimes just because they are lazy. Georgia law requires state licensing to perform plumbing, electrical, and HVAC for instance. This is not a mere technicality, but rather a matter of safety to a large degree. But try to report unlicensed work being performed? You'll be met with blank stares and protests that " Its not my job" or " there's no money for enforcement. Like our immigration laws, they've become a joke. So why do they still exist? What other laws don't really matter? Who gets to decide which are enforced and which are not? The ambiguity leads to a lack of respect for laws in general. People realize there are different versions of the law. One for them and one for you. Seems to me these laws only exist to bring the honest law abiding into line. The rest get away with a wink and a nod.
                In my early daze as a contractor I complained at the permit desk of the unlicensed masses. 'It's like trying to sweep back the incoming tide' was their response. Years later I got a call complaining I hadn't shown at a scheduled inspection. Only problem was somebody was pulling permits off my contractor's license number! State law requires your number be on your work trucks. Not hard to copy. What happened to the law-breakers? Who knows . . . .

                Comment


                • #9
                  Re: Do as I say, not as I do: CAT CEO whines about states taxes when his company doesn't actually pay any (due to fraud)

                  Originally posted by GRG55
                  1) If the tax avoidance really is due to fraud then the company should be exposed to some serious prosecution and Directors liability...so is that really the case?
                  I think you're being facetious here, but I'll repeat what I've said in the past nonetheless.

                  Tax avoidance is very much real. What CAT is doing is pure tax law gamesmanship in the same vein as GE and other (though not all) Fortune 500 companies. Whether it is through the patent transfer to an offshore tax haven as Glenn Black notes, or through a straight offshore subsidiary transfer pricing scheme, or even outright fraud, there is no question whatsoever that many large corporations are engaged in large scale tax evasion.

                  The problem is enforcement. The only reason CAT is being dragged into the limelight is that the former promulgator of this scheme - an ex CAT tax 'manager' - is suing CAT.

                  Surely I don't have to speak at length on the subject of regulatory capture in the United States?

                  Originally posted by GRG55
                  2) What is the appropriate income or profits tax rate that corporations should pay, pray tell?
                  I'd say that since the majority of Fortune 500 companies already manage to make money and pay their existing corporate tax burden, that doing business under a 35% corporate income tax bracket isn't an impossibility.

                  Comment


                  • #10
                    Re: Do as I say, not as I do: CAT CEO whines about states taxes when his company doesn't actually pay any (due to fraud)

                    Originally posted by c1ue View Post
                    I think you're being facetious here, but I'll repeat what I've said in the past nonetheless.

                    Tax avoidance is very much real. What CAT is doing is pure tax law gamesmanship in the same vein as GE and other (though not all) Fortune 500 companies. Whether it is through the patent transfer to an offshore tax haven as Glenn Black notes, or through a straight offshore subsidiary transfer pricing scheme, or even outright fraud, there is no question whatsoever that many large corporations are engaged in large scale tax evasion.

                    The problem is enforcement. The only reason CAT is being dragged into the limelight is that the former promulgator of this scheme - an ex CAT tax 'manager' - is suing CAT.

                    Surely I don't have to speak at length on the subject of regulatory capture in the United States?

                    ...
                    1) I was most certainly NOT being facetious.

                    2) There's a rather large difference between legal tax avoidance and tax evasion.

                    3) Regulatory capture is one thing. Personal liability as a Director or Board member is quite another. I doubt there's anyone out there that will serve on the Board of a multi-national corporation that is engaged in tax evasion with the hope that "regulatory capture" will keep them safely out of jail.

                    4) This statement of yours resides firmly in the realm of conjecture based on anything that has been presented on this thread so far "...there is no question whatsoever that many large corporations are engaged in large scale tax evasion."

                    Comment


                    • #11
                      Re: Do as I say, not as I do: CAT CEO whines about states taxes when his company doesn't actually pay any (due to fraud)

                      Originally posted by don View Post
                      In my early daze as a contractor I complained at the permit desk of the unlicensed masses. 'It's like trying to sweep back the incoming tide' was their response. Years later I got a call complaining I hadn't shown at a scheduled inspection. Only problem was somebody was pulling permits off my contractor's license number! State law requires your number be on your work trucks. Not hard to copy. What happened to the law-breakers? Who knows . . . .
                      A common tactic is for a contractor to have me pull a permit then never call me to do the work. He has unlicensed hacks do the job, yet leaves the customer with the impression they are my people! Inspectors are never actually called in. But the homeowner is left with the impression the job was done to code. I've seen a 150k job that never had inspections. Only when I was called in and noted no arc fault or gfi did they find out the contractor lied about permits. The inspector always happened to show up when owner was not home according to gc! Lots of scams like this in atl. They know nothing will happen if caught.

                      Comment


                      • #12
                        Re: Do as I say, not as I do: CAT CEO whines about states taxes when his company doesn't actually pay any (due to fraud)

                        Originally posted by GRG55 View Post
                        1) I was most certainly NOT being facetious.

                        2) There's a rather large difference between legal tax avoidance and tax evasion.

                        3) Regulatory capture is one thing. Personal liability as a Director or Board member is quite another. I doubt there's anyone out there that will serve on the Board of a multi-national corporation that is engaged in tax evasion with the hope that "regulatory capture" will keep them safely out of jail.

                        4) This statement of yours resides firmly in the realm of conjecture based on anything that has been presented on this thread so far "...there is no question whatsoever that many large corporations are engaged in large scale tax evasion."

                        Your point is well taken, there is a difference between legally avoiding extra tax and criminally breaking tax laws. Tracing the links back through to the Bloomberg article, there is a lawsuit claiming criminality in this instance. It was filed by a disgruntled Caterpillar employee working in their tax accounting department. Disgruntled employee claims that he was punished because he kept telling management their tax maneuvers had crossed the line into criminality.

                        Large multinational corps operate in many countries; have an army of accounts; and live in a murky gray tax environment, shifting around on their ledgers "accounting objects" that are abstract and artificial for the purpose of minimizing taxes. They are good at the game and routinely get the tax bill down to zero in the US, leaving me to pay my share plus theirs to pave the roads in Illinois ( and provide clean water into their plant, and fund schools to educate their workforce...). Establishing criminality is tricky. Seeing basic unfairness is easier.

                        This case might be both criminal and unfair.

                        Comment


                        • #13
                          Re: Do as I say, not as I do: CAT CEO whines about states taxes when his company doesn't actually pay any (due to fraud)

                          Originally posted by GRG55
                          2) There's a rather large difference between legal tax avoidance and tax evasion.
                          Perhaps then you can define where the line resides.

                          Is patent transfer to tax havens followed by 'royalty payments' legitimate?

                          Is transfer pricing between US and international subsidiaries legitimate?

                          Is re-marking parts produced in the US as being produced in foreign countries legitimate?

                          As for legality - that is a funny thing. When a couple of Sprint executives attempted to evade $100 million in stock option gains via an Ernst & Young tax scheme, the IRS prosecuted them despite the scheme being 'legal'. Perhaps not coincidentally, said executives didn't have the money anymore due to Sprint stock having fallen precipitously.

                          http://www.freepress.org/columns/display/1/2003/100

                          I am keenly interested to see how you defend CAT's behavior where, by any measure, its tax payments within the United States are very, very low.

                          Originally posted by GRG55
                          3) Regulatory capture is one thing. Personal liability as a Director or Board member is quite another. I doubt there's anyone out there that will serve on the Board of a multi-national corporation that is engaged in tax evasion with the hope that "regulatory capture" will keep them safely out of jail.
                          Given GE's CEO Immelt is part of the present administration, I'm not sure your point is as strong as you think. There are innumerable other examples, banksters prominent among them.

                          Originally posted by GRG55
                          4) This statement of yours resides firmly in the realm of conjecture based on anything that has been presented on this thread so far "...there is no question whatsoever that many large corporations are engaged in large scale tax evasion."
                          Au contraire - when a corporation is both publicly making money, and equally paying ridiculously low levels of taxation compared to its Fortune 500 peers - it is no conjecture whatsoever that there is large scale tax evasion going on.

                          http://www.caterpillar.com/investors...rnings-history

                          Full Year 2011 -
                          Q4

                          Q3

                          Q2 $1.52 $1.52
                          Q1 $1.84 $1.84
                          Full Year 2010 - $4.15
                          Q4 $1.47 $1.47
                          Q3 $1.22 $1.22
                          Q2 $1.09 $1.09
                          Q1 $0.36 $0.36
                          Full Year 2009 - $1.43
                          Q4 $0.36 $0.36
                          Q3 $0.64 $0.64
                          Q2 $0.60 $0.60
                          Q1 ($0.19) ($0.19)
                          Full Year 2008 - $5.66
                          Q4 $1.08 $1.08
                          Q3 $1.39 $1.39
                          Q2 $1.74 $1.74
                          Q1 $1.45 $1.45
                          Full Year 2007 - $5.37
                          Q4 $1.50 $1.50
                          Q3 $1.40 $1.40
                          Q2 $1.24 $1.24
                          Q1 $1.23 $1.23
                          Full Year 2006 - $5.17
                          Q4 $1.32 $1.32
                          Q3 $1.14 $1.14
                          Q2 $1.52 $1.52
                          Q1 $1.20 $1.20
                          Full Year 2005 - $4.04
                          Q4 $1.20 $1.20
                          Q3 $0.94 $0.94
                          Q2 $1.08 $1.08
                          Q1 $1.63 $0.81
                          Full Year 2004 - $2.88
                          Q4 $1.55 $0.77
                          Q3 $1.41 $0.70
                          Q2 $1.59 $0.80
                          Q1 $1.19 $0.59
                          Full Year 2003 - $1.56
                          Q4 $0.97 $0.49
                          Q3 $0.62 $0.31
                          Q2 $1.15 $0.58
                          Q1 $0.37 $0.19
                          Full Year 2002 - $1.15
                          Q4 $0.88 $0.44
                          Q3 $0.61 $0.31
                          Q2 $0.58 $0.29
                          Q1 $0.23 $0.12
                          Full Year 2001 - $1.16
                          Q4 $0.48 $0.24
                          Q3 $0.59 $0.30
                          Q2 $0.78 $0.39
                          Q1 $0.47 $0.24
                          Full Year 2000 - $1.51
                          Q4 $0.76 $0.38
                          Q3 $0.62 $0.31
                          Q2 $0.90 $0.45
                          Q1 $0.73 $0.37
                          Full Year 1999 - $1.32
                          Q4 $0.67 $0.34
                          Q3 $0.61 $0.31
                          Q2 $0.78 $0.39
                          Q1 $0.57 $0.29
                          Full Year 1998 - $2.06
                          Q4 $0.83 $0.42
                          Q3 $0.92 $0.46
                          Q2 $1.20 $0.61
                          Q1 $1.15 $0.57
                          Full Year1997 - $2.19
                          Q4 $1.20 $0.60
                          Q3 $1.01 $0.51
                          Q2 $1.13 $0.56
                          Q1 $2.05 $0.52
                          Full Year 1996 - $1.75
                          Q4 $1.97 $0.49
                          Q3 $1.59 $0.40
                          Q2 $1.91 $0.48
                          Q1 $1.51 $0.38
                          Now given this profit history, here's a recent history of Caterpillar taxes paid


                          12 months ended Dec 31, 2010 Dec 31, 2009 Dec 31, 2008 Dec 31, 2007 Dec 31, 2006
                          U.S. 247 (443) 673 515 1,342
                          Non-U.S. 645 350 446 464 373
                          State (U.S.) 44 (13) 41 92 49
                          Current tax provision (benefit) 936 (106) 1,160 1,071 1,764
                          U.S. 103 1 (335) 403 (381)
                          Non-U.S. (75) (149) 99 21 23
                          State (U.S.) 4 (16) 29 (10) (1)
                          Deferred tax provision (benefit) 32 (164) (207) 414 (359)
                          Provision (benefit) for income taxes 968 (270) 953 1,485 1,405
                          Where were the losses in 2009 as shown in profit statements vs. the net zero taxes paid since mid 2008? $5 of net profit per share in 2010 cancelled out by a mere net profit of $1.41 per share in 2009?

                          More importantly, CAT reported $2.7 billion in profit for 2010, vs. $1.8 billion in profit for 2009:

                          http://www.france24.com/en/20110127-...-quadruples-4q

                          Caterpillar paid a total of $799 million in taxes for these 2 years, $995 million of which were foreign (yes a net negative US tax burden for 2009 and 2010), on this total of $4.5 billion in publicly declared profit:

                          http://www.france24.com/en/20110127-...-quadruples-4q

                          Of the foreign taxes paid, it is also unclear how much of these are corporate income taxes as opposed to VAT or FICA type taxes which must be paid.

                          And you want to defend them?
                          Last edited by c1ue; August 02, 2011, 10:58 AM.

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