As noted in this blog, the difference between tax evasion and tax avoidance is a fine line. To assist in drawing the line properly and legally, corporations and individuals employ tax attorneys and accountants to minimize their tax liabilities.
As previously discussed in this blog, the triumvirate of "legal" tax dodging by U.S. Multinational Corporations ("USMNCs") is Inversions, Transfer Pricing and Earnings Stripping. Another less publicized tool used by accountants of USMNCs is the "stock option loophole". As the Citizens for Tax Justice ("CTJ") reports, USMNCs have utilized the "stock option loophole" to reduce their taxable income in the amount of $64.6 billion over the past 5 years.
Notable (Top 5) USMNCs which have utilized the stock option loophole include:
|USMNC||Stock Option Tax Benefits from 2011-2015|
|$5,665,000||Apple||$4,673,000||$1,951,000||Goldman Sachs Group||$1,775,000||J.P. Morgan Chase & Co.||$1,666,000|
The CTJ list documents 310 other companies that have reduced their federal and state corporate income taxes by a combined $64.6 billion dollars over the last 5 years.
What is the "stock option loophole"? Simply put, it is an accounting mechanism to "track" stock options and to deduct the expense of stock options. Why is this a loophole? The simple answer is that there is a disparity between the price the employee pays for the stock option and the price the stock options are worth. For a more technical explanation see this PricewaterhouseCoopers (Accounting Firm) explanation. Based on the PWC article, the USMNCs deduct this difference between the exercised price and the price their employees paid for the stock on the corporate taxes in the year that the options are exercised.
CTJ questions why the USMNCs are allowed a deduction fro giving their employees a benefit but in reality does not cost the USMNCs anything. CTJ also states that reversing this may help to minimize the Tax Gap.
If you have specific and credible information about a company failing to pay its tax liabilities, contact our firm about filing an IRS Whistleblower claim to assist the IRS in holding the company liable for the taxes they should be paying.