General Electric went into full public-relations pushback mode after The New York Times’s damaging story Friday on how it avoids paying U.S. corporate income taxes. But in doing so, the company, unable to get its own story straight, just compounded the damage.
Its pushback included putting up a fact-check on its own site, commenting on a post I wrote, and getting into an embarrassing back-and-forth on Twitter and on Business Insider with Henry Blodget.
First, its response on its GE Reports website, where it calls the Times piece a “particularly distorted and misleading account,” is chock full of red herrings and straw men. Let’s take these one by one (the bold in the bullets is GE’s emphasis, not mine):
GE pays what it owes under the law and is scrupulous about its compliance with tax obligations in all jurisdictions. We are committed to acting with integrity in relation to our tax obligations. At the same time, we have a responsibility to our shareholders to reduce our tax costs as the law allows.
Tax evasion is illegal, but tax avoidance is legal, and the Times doesn’t accuse or imply that GE breaks the law by evading taxes. A major theme of the story is how GE uses its money and lobbying might to curry favor with the government to set up the law so it can avoid taxes.
Next, GE says:
Significant losses at GE Capital during the financial crisis, largely in the United States, reduced GE’s overall tax rate below historic levels the past few years. Those losses and the subsequent reduction in taxes owed is not a “tax avoidance” strategy. Taking out GE Capital makes GE’s effective tax rate 21% over the past several years. GE’s consolidated (or overall) effective tax rate prior to the financial crisis was in the teens to more than 20%.
But the whole point of the Times’s piece is that GE uses GE Capital to lower its U.S. tax bill. Forbes said much the same thing a year ago in a story on how GE didn’t pay U.S. income taxes last year:
It’s GE Capital that keeps the overall tax bill so low. Over the last two years, GE Capital has displayed an uncanny ability to lose lots of money in the U.S. (posting a $6.5 billion loss in 2009), and make lots of money overseas (a $4.3 billion gain). Not only do the U.S. losses balance out the overseas gains, but GE can defer taxes on that overseas income indefinitely.
Further, the Times doesn’t say that losing money is a tax avoidance strategy for GE, and the paper did report, despite what GE says now, that “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.” I agree that the NYT should have fleshed out the lending losses factor a bit more, but I don’t think it was required to do so here.
Also problematic for GE’s defense: It emphasizes its pre-crisis effective tax rate here. That tax rate, best as I can tell, includes deferred taxes that GE is likely never to have to pay, unless it for some reason decides to repatriate foreign earnings to the U.S. without a tax holiday (or unless some future post-Gilded Age United States somehow decides to get tough on corporate tax sheltering). So that’s an artificially inflated number. The Times terrific infographic shows what the real story is:
Here’s how the Times put the chart in the text of the story:
…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.

Isn't this issue much bigger than GE? While I understand it is GE that was currently in the media spotlight shouldn't this opportunity be used to discuss how serious of an issue this is which seems to involve the vast majority of Corporations in the USA?
This story seems to come out once every few years then everyone forgets about it. I am curious as to why the GE story broke instead of the hundreds of other companies?
#1 Posted by Tony Schwartz, CJR on Thu 31 Mar 2011 at 12:17 PM
Ok, GE will pay little (or no) US Federal taxes in 2010. I suspect the GE response is correct: they broke no US tax laws. At least, I'll give them the benefit of the doubt, and take their word for it.
Their defensive posture does them no good. (Maybe they've learned that lesson by now.) I agree with the title of the story "GE Flubs a Pushback...".
But what does all this mean? GE and all other companies have to play games with the tax code to whatever extent they can, or can afford to, to reduce their taxes. Why shouldn't they?
Maybe the best solution is what GE said: the corporate tax code should be restructured, simplified, loop holes eliminated, everybody (including GE) pays their fair share. I question whether GE really wants this, but maybe this is what we need.
#2 Posted by Rick Sullivan, CJR on Thu 31 Mar 2011 at 12:43 PM
I just wonder how long that it will for all of for the American Educated Idiots (AEI) to understand how the U.S. Government Tax System functions. The first part of the Tax System reality should be that CORPORATIONS IN THE U.S. DO NOT PAY TAXES.. If you are among those who think that any business in the nation pays Federal Taxes, please take the time to find out where a business gets the money to pay taxes. It should be obvious to a simple mind, like myself, that a Company collects the tax money from their customers by adding the Tax charge to their price of the product. The very simple fact of economics is that the government still collects taxes from the people using by using a business to collect taxes for the government. It is almost entertaning to see the people supporting TAX on Big Corporations without any clue that they are the ones that pay the Corporate Tax. Any business in the U.S. does not pay taxes, fines, or any other charges that government puts on the business.
And remember that Federal and State Tax System is mandatory in every way, regardless of what the U.S. Senator from Nevada (Harry Reid) says about our tax system being is a volunteer Tax System..
#3 Posted by Sam D. Newman, CJR on Thu 31 Mar 2011 at 01:34 PM
@tonyschwartz, given the coziness of immelt in the current admin, one doubts it can get bigger than GE.
#4 Posted by Mary Anne Glynn, CJR on Thu 31 Mar 2011 at 05:25 PM
Silly taxpayers, GE has no need of your "media"'s approval. Our case is made perfectly, and dare we say poignantly, on Twitter at @GEfreedomreport
#5 Posted by GE Freedom Report, CJR on Thu 31 Mar 2011 at 05:36 PM
GE and YOU should be able to file your income tax on a 3X5 card. The fault lies with Congress. Let's start with the four blind mice who represent us in Manhattan: Rangel, Nadler, Maloney and Velazquez. If Schumer ever cured his mouth trouble, he should be blamed too. The faults of Congress are so great, it could drive this New Yorker to the Tea Party.
#6 Posted by Mike Robbins, CJR on Thu 31 Mar 2011 at 06:32 PM
I work in the tax department of a major multinational corporation based in the US. There is a lot wrong with NYT's reporting, GE's responses, and Ryan's postings also.
NYT - Contrary to NYT's reporting, GE has paid significant taxes in each of the last two years. Simply look at the bottom of its Consolidated Statement of Cash Flows on its 10-K. The income tax expense line on its income statement is NOT its cash tax liability. Commentators (including Congress which should know better) keep making the mistake or thinking income tax expense on a company's US GAAP (generally accepted accounting principles) financial statements filed with the SEC equals the company's tax liability on its US income tax return. It DOES NOT equal.
GE - GE's claiming its income tax expense looks strange because of GE Capital losses. This explanation is right but there's a lot left unsaid. GE's income tax expense looks so strange because the GE Capital losses impacted GE's US tax liability which is measured at around 35-38%. But GE still made a lot of income offshore which is taxed far below 35%. Because GE gets a tax benefit for the GE Capital losses in the US and that tax benefit is larger than the tax expense associated with its other earnings, GE can make money for the year but have a negative income tax expense. For example, if GE lost $100 in the US in 2009 but made $150 outside the US and GE's tax rate in the US is 35% and outside the US is 10% then GE would have $50 of income to report for the year but have negative income tax expense of $20. What GE did not highlight in its response to the NYT article is its foreign tax burden is so low. If you look at GE's tax expense in a "normal" year you'd see GE has an effective tax rate of around 15-20% which is much lower than 35%. But GE is legally lowering its rate to that level. If people don't like it they need to change the law.
Ryan - There's a lot wrong with your postings but at the simplest level you claim tax avoidance is legal. That is absolutely not true. GE is not avoiding tax but rather is using clearly mandated benefits (e.g., tax credits or tax exemptions) and deferring tax (again using clearly mandated provisions applicable to foreign income).
#7 Posted by Tax Geek, CJR on Fri 1 Apr 2011 at 06:24 AM
Tax avoidance isn't illegal. Lots of people use mechanisms to avoid paying taxes. False reporting such as misstating income is illegal.
Am I incorrect?
PS, in all this discussion, why haven't we mentioned the Alternative Minimum Tax?
PPS. Can we now trash neutron Jack Welsh for replacing GE's making stuff culture and turning it into a risking stuff culture? Greenspan and Welsh have both played heavy hands in the hollowing out of American tax revenue and labor.
#8 Posted by Thimbles, CJR on Fri 1 Apr 2011 at 08:21 AM
Yes, you are incorrect. Tax avoidance and tax evasion are analogous for purposes of the US tax code (e.g., see section 269) and are not allowable. Tax minimization is allowable which is basically using planning to take advantage of provisions in the tax code.
AMT is not directly relevant to the question of GE's tax liability. First, reports focus on GE's US GAAP income tax expense not its actual tax liability it reports on its US tax return. Second, companies can achieve extremely low US tax rates without ever needing to worry about the impact of AMT.
#9 Posted by Tax Geek, CJR on Fri 1 Apr 2011 at 10:25 AM
where is the big "gotcha" here? I don't care about what taxes the brazilian government collects.
find something illegal.
#10 Posted by KFoB, CJR on Fri 1 Apr 2011 at 11:39 AM
FLASH!..
Big corporation maximizes profits by using legal methods to reduce tax liability!...
Stop the presses!...
There's a Pulitzer in this for somebody...
#11 Posted by padikiller, CJR on Fri 1 Apr 2011 at 12:12 PM
"But Blodget deserves applause for dogging this story and trying to get to the bottom of it. "
Blodget deserves applause for remaking himself as a "journalist" after getting caught out as a professional liar when he was a stock analyst.
He's not a liar now, trust him.
Or just wait for the next update.
#12 Posted by edward ericson jr., CJR on Fri 1 Apr 2011 at 04:57 PM
Okay, I did not realize that there was a separate class of legal tax reducing measures labeled 'tax minimization'. I had been under the understanding that there was tax avoidance and tax evasion and that there was a distinction between the two.
That's generally how these things work internationally.
http://en.wikipedia.org/wiki/Tax_avoidance_and_tax_evasion
But if US law defines both of those as the same, and defines a third class which functions the same as legalized tax avoidance, then who am I to argue?
This is why lawyers and accountants make the big bucks.
#13 Posted by Thimbles, CJR on Fri 1 Apr 2011 at 06:35 PM
Tax Geek,
Avoiding taxes is legal if you use legal means to do it. And I'm aware of the difference between GAAP and income-tax-return treatment. But the NYT did not say GE didn't pay tax. It said they didn't pay net U.S. corporate income tax. That number at the bottom of the consolidated cash flows is the $2.7 billion global number I discuss in my post.
KFoB, padikiller-- this ought to be obvious, but something doesn't have to be illegal to be a story.
#14 Posted by Ryan Chittum, CJR on Fri 1 Apr 2011 at 06:39 PM
@Ryan Chittum,
To people that deal with tax the phrase "tax avoidance" has a very specific meaning and its not allowable. Tax minimization is allowable. The idea you propose of "legal tax avoidance" is like calling something a "legal crime" - its nonsensical.
GE paid US income tax in 2010. Where can you find in their financial statements where it states they pay $0 in US income tax in 2010? You can't find anything that supports this notion because it is not true. You seem to be assuming the $2.7 billion was paid 100% to foreign governments. Where is your proof for this assertion? Why can I claim with certainty GE paid US income tax in 2010? Because its financial statements do not disclose deferred tax asset associated with a US net operating loss carryforward. If GE had generated a taxable loss on its 2010 US return then you would see a US net operating loss carryforward disclosed in its tax footnote. There are non-US net operating losses but that is all.
You need to obtain a basic understanding of a subject matter before reporting on it.
#15 Posted by Tax Geek, CJR on Fri 1 Apr 2011 at 10:47 PM
Tax Geek: Why not post under your own name? You do not provide references for your definition. Here is one that contradicts you:
[http://en.wikipedia.org/wiki/Tax_avoidance_and_tax_evasion#The_distinction_in_the_United_States
The distinction in the United States
In the United States "tax evasion" is evading the assessment or payment of a tax that is already legally owed at the time of the criminal conduct.[26] Tax evasion is criminal, and has no effect on the amount of tax actually owed, although it may give rise to substantial monetary penalties.
By contrast, the term "tax avoidance" describes lawful conduct, the purpose of which is to avoid the creation of a tax liability in the first place. Whereas an evaded tax remains a tax legally owed, an avoided tax is a tax liability that has never existed.
For example, consider two businesses, each of which have a particular asset (in this case, a piece of real estate) that is worth far more than its purchase price.
Business One sells the property and underreports its gain. In this instance, tax is legally due. Business One has engaged in tax evasion, which is criminal.
Business Two consults with a tax advisor and discovers that it can structure the sale as a "like kind exchange" (formally known as a 1031 exchange, named after the Code section) for other real estate that it can use. In this instance, no tax is due because (legally, under Section 1031) no sale took place. Business Two has engaged in tax avoidance (or tax mitigation), which is completely within the law.
In the above example, tax may eventually be due when the second property is sold. Whether and how much tax will be due will depend on circumstances and the state of the law at the time. This is true of many tax avoidance strategies.]
I do not want to waste time tracking down arbitrary comments from someone without a name. Thanks. Clayton.
#16 Posted by Clayton Burns, CJR on Sat 2 Apr 2011 at 12:14 AM
The definitions are just not going your way, Tax Geek:
[http://legal-dictionary.thefreedictionary.com/Tax+Avoidance
Tax Avoidance
.
The process whereby an individual plans his or her finances so as to apply all exemptions and deductions provided by tax laws to reduce taxable income.
Through tax avoidance, an individual takes advantage of all legal opportunities to minimize his or her state or federal Income Tax, gift tax, or estate tax. An individual may, for example, avoid federal income tax by investing a large sum of money in municipal bonds, since the interest on such bonds is not considered taxable income on which federal tax is due. Interest on the same amount of money placed in a savings account must be included as taxable income.
Tax avoidance must be distinguished from Tax Evasion, which is the employment of unlawful methods to circumvent the payment of taxes. Tax evasion is a crime; tax avoidance is not.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.]
#17 Posted by Clayton Burns, CJR on Sat 2 Apr 2011 at 12:35 AM
Another interesting definition:
[http://law.yourdictionary.com/tax-avoidance tax avoidance law definition
n The act of taking advantage of legal tax-planning opportunities and shelters in order to minimize one's income tax liability. See also tax evasion, which is not legal.
Webster's New World Law Dictionary Copyright © 2010 by Wiley Publishing, Inc., Hoboken, New Jersey. Used by arrangement with John Wiley & Sons, Inc.]
#18 Posted by Clayton Burns, CJR on Sat 2 Apr 2011 at 01:08 AM
If I can chime in here, there seems to be a fair amount of confusion on the issue of legal v. illegal. Let's suppose all GE's tax schemes are legal in the sense they are not criminal. But that does not mean they would be sustained if the IRS were to challenge them. For tax shelters the trick is get above the criminal threshold, but the story does not end there. For example, GE's FIN 48 Unsupported Tax Positions is over $8B! That means that GE has taken aggressive tax positions for which they do not have a tax opinion that says GE has more than a 50% chance of success if that position is challenged. So no big firm lawyer or accountant was prepared to bill enough hours to bail out GE. Think about that concept, anyone who knows how a big firm operates!
#19 Posted by Carrig, CJR on Sat 2 Apr 2011 at 04:08 PM
The biggest crime is that predatory malignant, metastatic capitalist corporations like GE actually do things with taxes that are actually legal -- because they lobbied Congress, Treasury and regulators to make it so. A law should be passed requiring foreign profits to be brought back to America The Beautiful. That is the biggest crime -- shielding foreign profits as well as exporting jobs (GE has lost 1/5 of its workforce and they started hiring in Bangladesh or somewhere), not to mention the Corporate Capitalist Campaign Contribution and U.S. Chamber of Commerce (and the Krotch brothers at al) -- 6 cs and a K -- who poured billions into Republican/Tea Party campaigns in 2010 and reached its malignant hyper-capitalist tentacles even further into the American national, state and local governments. Hell, probably even foreign governments as well.
#20 Posted by Thom, CJR on Sat 2 Apr 2011 at 09:37 PM
My understanding from recently read online sources, is that 2/3 of the largest U.S. companies legally don't end up paying any U.S. corporate income tax. While some might want to argue that this fact makes G.E. a non-story, I'd beg to differ and refer to it as the tip of the iceberg. We need to reduce the corporate income tax rate by exactly the amount we save by closing corporate loopholes...a pay-go system.
#21 Posted by ithinktoomuch, CJR on Mon 4 Apr 2011 at 01:41 AM
The real problem of this story is that most people hear about this article ("GE paid zero taxes") and draw the conclusion that GE is the bad actor. GE is culpable here, but the real bad actors are in Congress. If we saw a story about petty graft or bribery in some small town, would we say the bigger problem is the specific businessman who paid a few bribes, or the public official who received hundreds of bribes over the years?
GE is gaming the tax system, and is a beneficiary of a massive and at times perverse tax system. In fact, GE is receiving tons of unfair and inefficient gifts from Congress, like all sorts of renewable energy subsidies and tax breaks, or having its CEO in a super-cozy relationship with the White House. But the Congress benefits from this massive and complex system - they get to be the heroes when they craft some new exception that does something everybody likes (free solar power for war widows! free wind power for American flagmakers!). Then tax lawyers and accountants get paid lots of money to sort out the mess Congress created.
I don't know whether NYT can be blamed for the misdirected focus. After all, GE paying zero taxes is a good story because it's so easy to grasp. But it implies that corporations and economic actors are the primary movers behind this system, when really the politicians set the rules and reap plenty of benefits themselves.
#22 Posted by NL, CJR on Mon 4 Apr 2011 at 02:00 PM
Clayton, you are referring to the wrong sources for your definitions. Tax avoidance, which is not allowed, is a term defined by the tax code and the courts. Look at section 269 and the court cases interpreting that provision.
#23 Posted by Tax Geek, CJR on Thu 7 Apr 2011 at 04:04 PM
GE should become the corporate citizen that they claim to be. Their responses to the New York Times article and subsequent damage control attempts were ludicrous. They can't even tweet their way to a positive response.
As April 18 rolls around, GE has just proved to the world that a high US corporate tax rate of 35% is more than offset through overseas and domestic loopholes. I guess their next move will be to change the address on their refund check to some where off shore.
Please call GE Investor Relations and J. Immelt to complain about their tactics.
#24 Posted by Bill, CJR on Thu 14 Apr 2011 at 01:03 AM
I'm with Tax Geek on this. The New York Times, Jon Stewart, and Ryan Chittum do not understand GAAP financial reporting and how it relates to tax reporting.
Chittum says, "That tax rate, best as I can tell, includes deferred taxes that GE is likely never to have to pay..."
Why would a company record a liability (deferred taxes) for something they'll never have to pay?
Plus, Chittum, like others confuses 2010 tax issue, and prior year tax issues.
#25 Posted by Ryan A Stambaugh, CJR on Fri 22 Apr 2011 at 03:09 PM