The Gates and Buffet Foundation Shell Game
WHETHER one calls it a "tax dodge" or "tax evasion" (Microsoft was found guilty in India, for example), it is clear that poor Microsoft (and poor Bill) would rather let all those rich taxpayers take the bills. Yes, the same goes for the Gates Foundation, which is profiteering through investments while not paying tax (it is registered as a charitable establishment). We wrote quite extensively about Microsoft and income tax in, e.g.:
When you buy Microsoft software in a box for personal use, you pay sales tax at the point of delivery. But, when large corporations purchase Microsoft software, they are actually buying an electronic download with the right to install that software on a pre-determined number of computers. The same goes for PC manufacturers such as Dell that preinstall Microsoft Windows 7 on its computers.
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Aren’t there laws against this?
According to the Department of Revenue, to avoid this tax, a company, like Microsoft, would need to “effectively transfer the property to a related company (e.g., parent and subsidiary corporations) located outside Washington” and recognize income from the value of the transfer on its Washington taxes. It’s not clear that Microsoft has done this – and there are legal doctrines to charge a corporation if it illegally evades its taxes:
1) The doctrine of Nexus represents ties or links that a corporation has with a state. Microsoft clearly has nexus in Washington given its 40,224 employees, 9.8 million square feet and 79 physical sites. Its software also has nexus here as most is built, tested, marketed, sold and distributed from these facilities. Microsoft’s historical use of the laws of Washington to govern its licensing contracts, its Washington-based lawyers and its use of Washington’s courts to defend it also contribute to the nexus of its licensing business.
2) The Step Doctrine focuses on whether steps of a transaction may stand alone or, rather, whether the transaction should be treated as a whole. It can be applied when a corporation creates additional artificial steps to appear as if it is not liable to pay tax.
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Do Microsoft’s Practices Constitute Illegal Tax Evasion?
Over the past few weeks, I’ve been asking Washington’s Department of Revenue to publish a finding on the legality of this kind of tax practice. The department is required to protect the privacy of taxpayers and therefore cannot answer specific questions about Microsoft only questions about specific practices in the abstract.
For tax purposes, Microsoft reports that it's earned its estimated $143 billion in software licensing revenue in Nevada, where there is no licensing tax, as we discussed a few weeks ago. However, for legal purposes, Microsoft relies on Washington law and its underfunded courts to defend its contracts as it did in Microsoft Licensing GP vs. TSR Silicon. Application of common legal doctrines such as nexus, the step doctrine, and alter ego theory may lead to findings that Microsoft owes the state more than $1 billion in taxes, interest, and penalties.
--Margot Asquith
Just look at who all the food-related groups which the Rockefeller Foundation funds:
CSPI (Center for Science in the Public Interest) - the "food police" who back in March 1988 said that trans fats were "relatively harmless"
* Consumer Federation of America (CFA) - used to be headed by Monsanto shill Carol Tucker ForemanMonsanto
PETA - animal "rights" group which kills most of the pets they "rescue" (actually funded by the Rockefeller Philanthropy Advisors)
* Nutrition Action newsletter, March 1988, "The Truth About Trans - Hydrogenated Oils Aren't Guilty As Charged"
The Financial Times last week ran a story titled “Bill Gates shifts focus to hunger”, covering a major speech by Gates detailing a new emphasis by his foundation on food security and agricultural output in developing countries.
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Second, will the Foundation invest in the type of engagement and advocacy on trade policy issues (exhibit A: subsidies to developed world agricultural industry) that deeply influence food security, especially in sub-Saharan Africa? While the development of new technologies and tools is critical and has often been the Gates Foundation’s sweet-spot, major progress will be held back without a serious shift in the global economic system around agriculture and food.